Hunt v. Barfield
Supreme Court of Alabama
ERROR, to the Circuit Court of Marengo. Tried before the Hon. Jno. D. Phelan. 1. The charge of the court assumes that the giving of the note by Hunt and his promise, made some eighteen months af-terwards, to carry the gin to Greensboro’ to be repaired, was a waiver of all his rights under the written contract, and bound him to pay the entire note and interest, which is clearly erroneous.
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ERROR, to the Circuit Court of Marengo. Tried before the Hon. Jno. D. Phelan. 1. The charge of the court assumes that the giving of the note by Hunt and his promise, made some eighteen months af-terwards, to carry the gin to Greensboro’ to be repaired, was a waiver of all his rights under the written contract, and bound him to pay the entire note and interest, which is clearly erroneous. The giving of the note could not be considered a waiver of any right under the contract, for he gave it upon the express agreement, that he might still roly upon the contract; and the agent persuaded Hunt to…
1Opinion of the CourtDargan, C. J.
The objection to the recovery in this case is, that the consideration of the note sued upon had partially *119or totally failed; we must therefore look to the evidence showing the consideration, and ascertain whether there has been a. failure in whole or in part. In 1846, T. Mather, the payee of the note, and Hunt entered into a written agreement, whereby it was agreed that Hunt should buy of Mather a cotton gin, of a description specified in the contract. But if the gin did •not perform well, when started, Hunt was to give as early information as he could to Mather, who was to cause it to…
2Cases cited2 opinions
- Wallis v. LongSupreme Court of Alabama · 1849
- Barelli v. O'ConnerSupreme Court of Alabama · 1844
3Cited by2 opinions
- Abbeville Live Stock Co. v. WaldenSupreme Court of Alabama · 1923
- Carpenter v. Murphree & JonesSupreme Court of Alabama · 1873