Wise, Boles & Bowdoin v. Fuller
Alabama Court of Appeals
Appeal from Coffee County Court. Heard before Hon. J. N. Ham. . Assumpsit by A. G. Fuller against Wise, Boles & Bowdoin. Judgment for plaintiff, and defendants appeal. The objections and exceptions to evidence sufficiently appear from tbe opinion. The following is the excerpt from the oral charge of the court referred to; “If plaintiff ivas unwilling to pay the balance that he promised to pay, then the settlement was of no effect.”
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Appeal from Coffee County Court. Heard before Hon. J. N. Ham. . Assumpsit by A. G. Fuller against Wise, Boles & Bowdoin. Judgment for plaintiff, and defendants appeal. The objections and exceptions to evidence sufficiently appear from tbe opinion. The following is the excerpt from the oral charge of the court referred to; “If plaintiff ivas unwilling to pay the balance that he promised to pay, then the settlement was of no effect.” Ward was competent to testify as to the amount agreed on as being-due as he was shown to have been present when the agreement was made. — Johnson v. Kelly, 2 Stew.…
1Opinion of the CourtCrum, J.
Before the bill of exceptions in this cause was signed by the presiding judge, the county court of Coffee county was abolished, and subsequently a motion was presented to this court to establish the bill of exceptions. By written stipulation of counsel filed thereafter in this court, the bill of exceptions found in the record will be deemed and treated as the established bill. The plaintiff sought under the common counts to recover of the defendants for a sum of money which he claimed to have paid to them in excess of an account or debt, owing by him to them. The plaintiff had judgment, and…
2Cases cited4 opinions
- Sullivan Timber Co. v. BrushagelSupreme Court of Alabama · 1895
- Western Union Telegraph Co. v. SnellAlabama Court of Appeals · 1911
- Central of Georgia Ry. Co. v. KnightAlabama Court of Appeals · 1911
- Central of Georgia Ry. Co. v. ThweattSupreme Court of Alabama · 1907
3Cited by6 opinions
- State v. SmithSupreme Court of North Carolina · 1977
- SMART PROFESSIONAL PHOTO. v. Childers-SimsSupreme Court of Alabama · 2002
- Yarbrough v. Armour & Co.Alabama Court of Appeals · 1943
- Cudd v. CowleySupreme Court of Alabama · 1919
- Johnson v. McFryAlabama Court of Appeals · 1915
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