Garrard v. Zachariah
Supreme Court of Alabama
In the Circuit Court of Lauderdale county, George Zachariah declared in debt against William W. Garrard, on a promissory note for ,$100. Defendant plead that after making and before maturity of the note, he and plaintiff agreed that he should buy of John L. Wood 15,000 feet of plank, and deliver it to the plaintiff six months before the note became due, and that he would receive it in satisfaction of the note; that defendant accordingly bought and tendered ihe plank to the…
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In the Circuit Court of Lauderdale county, George Zachariah declared in debt against William W. Garrard, on a promissory note for ,$100. Defendant plead that after making and before maturity of the note, he and plaintiff agreed that he should buy of John L. Wood 15,000 feet of plank, and deliver it to the plaintiff six months before the note became due, and that he would receive it in satisfaction of the note; that defendant accordingly bought and tendered ihe plank to the plaintiff, who refused to receive it. To this plea the plaintiff demurred. Demurrer sustained and judgement for…
1Opinion of the Court
JUDGE TAYLOR
delivered the opinion of the Court.
It has been contended by the counsel for the plaintiff in error, that the agreement constituted the maker the agent of the pavee; and that as soon as the plank was purch ased. it became the property of the payee, and the note was ipso facto discharged. This is obviously an untenable position. It is not necessary to sustain it, in order to support this plea, if The plea shows a new execu-tory contract, which when execüted, was to discharge the note. The defendant, to perform his part of the contract, was to buy the .plank (and of course to pay…
2Cited by4 opinions
- Comer v. FranklinSupreme Court of Alabama · 1910
- Maples v. DouglassSupreme Court of Alabama · 1920
- Armstrong v. TaitSupreme Court of Alabama · 1845
- Carmack v. McKinneyAlabama Court of Appeals · 1913