Rose's Executors v. Bozeman
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John K. Henry. This action was brought by Howell Bose, against Nathan Bozeman and D. W. Bozeman, and was commenced by original attachment, which was sued out on the 4th August, 1865, and which -was levied on fifty-one bales of cotton, as the property of said Nathan Bozeman. At the fall term, 1865, the plaintiff discontinued his action against D. W. Bozeman, and filed a complaint against Nathan Bozeman alone.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John K. Henry. This action was brought by Howell Bose, against Nathan Bozeman and D. W. Bozeman, and was commenced by original attachment, which was sued out on the 4th August, 1865, and which -was levied on fifty-one bales of cotton, as the property of said Nathan Bozeman. At the fall term, 1865, the plaintiff discontinued his action against D. W. Bozeman, and filed a complaint against Nathan Bozeman alone. The complaint contained but a single count, which was as follows : “ The plaintiff claims of said defendant thirty…
1Opinion of the CourtJudge, J.
The question fox decision in the present case is, what is the correct rule of damages, in a suit by the vendee against the vendor, for a breach of contract in failing to deliver, at the time specified in the contract, articles of personal property, for which payment has been made in advance. It is contended by counsel for appellants, that the analogy between the action of trover and an action of assumpsit founded upon the breach of such a contract, is so complete, that the rule of damages should be the same in both actions ; and that to prescribe a rule of damages for the one different from…
2Cases cited14 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1852
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- Jenkins v. McConicoSupreme Court of Alabama · 1855
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3Cited by17 opinions
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