Allen v. Prater
Supreme Court of Alabama
Appeal from the Circuit Court of Benton. Tried before the Hon. Joi-iN E. Mooee. This action was brought by Memory Allen and wife, the appellants, against John B. Prater, James Prater, and Andrew J. Prater; and was founded on the defendants’ verbal promise to pay $1,000, in consideration that plaintiffs and one Susan Miller, who were children and heirs-at-law of John B. Prater, deceased, would desist from contesting the probate of their ancestor’s will, and allow the same to…
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Appeal from the Circuit Court of Benton. Tried before the Hon. Joi-iN E. Mooee. This action was brought by Memory Allen and wife, the appellants, against John B. Prater, James Prater, and Andrew J. Prater; and was founded on the defendants’ verbal promise to pay $1,000, in consideration that plaintiffs and one Susan Miller, who were children and heirs-at-law of John B. Prater, deceased, would desist from contesting the probate of their ancestor’s will, and allow the same to be admitted to probate without objection. The court charged the jury, among other things, as follows : “That if the…
1Opinion of the CourtRice, C. J.
The forbearance by a party to a pending suit, to prosecute a right asserted therein, and the yielding up of the right thus asserted, is a sufficient consideration for a verbal promise by the adverse party to pay a certain sum of money. Where the controversy has not assumed the form of a pending suit, but there is reasonable ground for it, a verbal promise to pay a certain sum of money in settlement of it, is not without consideration, and may be enforced. — Stewart v. Bradford, 26 Ala. 410; Prater v. Miller, 25 Ala. 320; Edwards v. Baugh, 11 Mees. & Welsby, 641; Wilkinson v. Byers, 1 Ad. &…
2Cases cited5 opinions
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Prater v. MillerSupreme Court of Alabama · 1854
- Stewart v. BradfordSupreme Court of Alabama · 1855
- Gary v. FrostSupreme Court of Alabama · 1846
- Dickerson v. HodgesSupreme Court of Alabama · 1834
3Cited by9 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Dozier v. McWhorterSupreme Court of Georgia · 1903
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Burleson v. MaysSupreme Court of Alabama · 1914
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