Mobley v. Pickett
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Assumpsit by the defendant, against the plaintiff in error. Upon the trial, the plaintiff introduced an instrument in writing, as follows: “ Received of Tolman C. Pickect, the sum of one hundred dollars, in part for a negro woman named Mary, which I have this day conditionally sold, for the sum of six hundred dollars, the remaining five hundred dollars to be paid to me, on or before the 20th of February next.
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Error to the Circuit Court of Pickens. Assumpsit by the defendant, against the plaintiff in error. Upon the trial, the plaintiff introduced an instrument in writing, as follows: “ Received of Tolman C. Pickect, the sum of one hundred dollars, in part for a negro woman named Mary, which I have this day conditionally sold, for the sum of six hundred dollars, the remaining five hundred dollars to be paid to me, on or before the 20th of February next. It is understood and agreed, between Mr. Pickett and myself, that said negro woman Mary, is to remain in my possession, as my property, until the…
1Opinion of the CourtOrmond, J.
This cas¡e lies within a narrow compass, ^he deceased agreed to rescind the contract, and return the one hundred dollars he had received upon it, if the defendant in error was unable to exchange his Georgia, for Alabama notes. As the condition to be performed, was one in which the deceased had no interest, it was, in effect, an unconditional rescission of the contract, and his failure to tender the Alabama notes, and demand the slave, is proof of his inability to make the exchange.
This will be evident, if we reverse the case, and suppose the plaintiff to be insisting on the contract as…
2Cited by3 opinions
- Olson v. BrisonSupreme Court of Iowa · 1906
- Henriott v. MainSupreme Court of Iowa · 1938
- Shapiro v. BenensonAppellate Division of the Supreme Court of the State of New York · 1917