Lightfoot v. Strahan
Supreme Court of Alabama
Writ of error to the Circuit Court of Chambers. This was, originally, twenty-three cases commenced before a justice of the peace by the defendants in error, against two of the plaintiffs, with whom their co-plaintiffs became associated as sureties in appeal bonds. These cases were consolidated by the Circuit Court, and a declaration filed on all the notes. The cause was submitted to a jury, as the record recites on issue joined, but what was the plea does not appear.
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Writ of error to the Circuit Court of Chambers. This was, originally, twenty-three cases commenced before a justice of the peace by the defendants in error, against two of the plaintiffs, with whom their co-plaintiffs became associated as sureties in appeal bonds. These cases were consolidated by the Circuit Court, and a declaration filed on all the notes. The cause was submitted to a jury, as the record recites on issue joined, but what was the plea does not appear. A verdict was returned for th'e plaintiffs, for the amount of the notes and interest, and a judgment thereon rendered against…
1Opinion of the CourtCollier, C. J.
It is laid down generally, that all execu-tory contracts may be rescinded by the parties to them, if they continue interested until the agreement to rescind is made. [Johnson v. Reed, 9 Mass. Rep. 78.] And an executory contract in writing, not under seal, may before breach, be discharged and abandoned, by a subsequent unwritten agreement, although the original agreement tó be binding, is required by the statute of frauds to be in writing. [Buel v. Miller, 4 N. Hamp. Rep. 196.] So where two contracts have been entered into in relation to the same subject matter, the last will control or…
2Cases cited2 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Johnson v. ReedMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Thomason v. DillSupreme Court of Alabama · 1857
- Hall v. GiffordSupreme Court of Vermont · 1927