Childress v. M'Cullough
Supreme Court of Alabama
In error to the Circuit Court of Tuskaloosa county. James Childress complained of James M’Cul-lough and John Richardson, in an action of covenant — “For that whereas, on the twenty-ninth day of January, eighteen hundred and thirty-three, at the county aforesaid, the defendant, James McCullough, by his certain writing, signed with his hand, and sealed with his seal, and which is now here shewn to the Court — the date whereof, is the same day and year aforesaid, covenanted and…
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In error to the Circuit Court of Tuskaloosa county. James Childress complained of James M’Cul-lough and John Richardson, in an action of covenant — “For that whereas, on the twenty-ninth day of January, eighteen hundred and thirty-three, at the county aforesaid, the defendant, James McCullough, by his certain writing, signed with his hand, and sealed with his seal, and which is now here shewn to the Court — the date whereof, is the same day and year aforesaid, covenanted and agreed to, and with the said plaintiff, in manner following in substance, to wit: “These articles of agreement, between…
1Opinion of the CourtGoldthwaite, J.
This action, in its form, is covenant; and the declaration sets forth a contract ujrder seal, dated twenty-ninth January, eighteen hundred and thirty-three, entered into by the plaintiff, with the defendant, McCullough — by which it appears, thai.McCullough covenanted to perform several duties, and make several payments, which it is unnecessary to recapitulate, hut which were to be performed and paid at several times during the years 1833 ancl 1834. It also sets forth another contract under seal, between the same parties, dated the twentieth September, eighteen hundred and thirty-three, which…
2Cited by3 opinions
- Louisville N. R. Co. v. StricklandSupreme Court of Alabama · 1929
- Alabama G. S. R. R. v. H. Altman Co.Supreme Court of Alabama · 1914
- McMahen v. Western Union Telegraph Co.Supreme Court of Alabama · 1923