McCord v. Love
Supreme Court of Alabama
Writ of error to the Circuit Court of Lowndes county. ACTION of assumpsit on a special contract, by which the defendant, in consideration of the services, of certain slaves of -the plaintiffs, to be performed, promised to furnish eighty acres of cleared land, and plant twenty-five or thirty acres of corn for the plaintiffs. The declaration contains also a count for work and labor done by said slaves.
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Writ of error to the Circuit Court of Lowndes county. ACTION of assumpsit on a special contract, by which the defendant, in consideration of the services, of certain slaves of -the plaintiffs, to be performed, promised to furnish eighty acres of cleared land, and plant twenty-five or thirty acres of corn for the plaintiffs. The declaration contains also a count for work and labor done by said slaves. Issues were joined on several pleas, and a verdict returned for the plaintiffs, on which judgment was rendered. At the trial, it appeared that the contract was made by the defendant with Love,…
1Opinion of the CourtGoldthwaite, J.
The true rule, with respect to the parties in such an action as this, is the one declared by the *108Court of King’s Bench, in the case of Skinner v. Stocks, (4 B & A., 437.) The action may be maintained, either in the name of the person with whom the contract was actually made, or in the names of the parties really interested. If the introduction of these names makes any difference in fact, to the defendant, by affecting his right of set off, it is supposed he could plead the set off so as to show his right; or if this could not be done, he perhaps,, could apply to the Court for relief. The case…
2Cited by1 opinion
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