Long v. Addix
Supreme Court of Alabama
Appeal from Butler Circuit Court. Heard, before Hon. A. E. Gamble. Assumpsit by Hines Addix and Wilhelm Corders, as partners against J. Lee Long, as a member of the late firm of J. M. Gregory & Co. Judgment for plaintiffs, and defendant appeals. The first count is on an account.
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Appeal from Butler Circuit Court. Heard, before Hon. A. E. Gamble. Assumpsit by Hines Addix and Wilhelm Corders, as partners against J. Lee Long, as a member of the late firm of J. M. Gregory & Co. Judgment for plaintiffs, and defendant appeals. The first count is on an account. “(2) Plaintiff claims of defendant the further sum of |960.35, as damages for the breach of contract entered into between plaintiff and J. M. Gregory & Co., a late partnership composed of J. M. Gregory and defendant, on, to wit, the 28th day of September, 1910, in and by which the said J. M. Gregory & Co. agreed to…
1Opinion of the CourtAnderson, J.
— “While a condition Avhich qualifies or defeats the plaintiff’s claim, being a condition subsequent, may be safely ignored by the plaintiff in his pleading, it may„ be stated, as a general rule, that performance by the plaintiff of a precedent condition must be averred in a complaint or declaration.” “In lieu of allegations of performance the plaintiff may allege facts in excuse of performance. Thus it is sufficient to aver that the defendant disabled himself from performing his covenant to convey certain land by conveying it to a stranger, or that the defendant repudiated his contract, or…
2Cases cited8 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Davis v. AdamsSupreme Court of Alabama · 1850
- Loval v. WolfSupreme Court of Alabama · 1912
- Brady v. GreenSupreme Court of Alabama · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920
- Blackburn v. McLaughlinSupreme Court of Alabama · 1918
- Baker v. Lehman, Weil & Co.Supreme Court of Alabama · 1914
- Sloss-Sheffield Steel & Iron Co. v. PayneSupreme Court of Alabama · 1915
- Miller Bros. v. Direct Lumber Co.Supreme Court of Alabama · 1922
19 more not listed; retrieve them via the Exa API.