Johnson v. Hanson
Supreme Court of Alabama
ERROR to the Circuit Court of Shelby county. Assumpsit by the plaintiff, against the defendant in error. The two first counts of the declaration, set out a sale of land by the plaintiff to the defendant, at the price of eight hundred dollars, to be paid, one half on the first of January, 1839, and the remainder on the 1st January, 1840 — that the defendant went into peaceable possession of the premises, and has hitherto retained it, and that the defendant has paid three…
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ERROR to the Circuit Court of Shelby county. Assumpsit by the plaintiff, against the defendant in error. The two first counts of the declaration, set out a sale of land by the plaintiff to the defendant, at the price of eight hundred dollars, to be paid, one half on the first of January, 1839, and the remainder on the 1st January, 1840 — that the defendant went into peaceable possession of the premises, and has hitherto retained it, and that the defendant has paid three hundred dollars, part of the purchase money — that the plaintiff is able and willing, and ready to make title according to…
1Opinion of the CourtOrmond, J.
It is not, in general, necessary to allege in a declaration, a written promise, where the necessity for the promise being in writing, is created by statute, as it is matter of evidence to be proved at the trial. But in this case, it is expressly *352alleged that the contract for the sale of the land, which was the consideration of the promise laid in the declaration, was merely verbal, and the precise question is, whether an action can be maintained at law, to recover the purchase money of land, there being no note or memorandum thereof in writing, because the vendee retains the possession.
A…
2Cases cited3 opinions
- Cope v. WilliamsSupreme Court of Alabama · 1842
- Howard v. EastonNew York Supreme Court · 1810
- White v. BeardSupreme Court of Alabama · 1837
3Cited by5 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Flinn v. BarberSupreme Court of Alabama · 1879
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Rhodes' Administrators v. StorrSupreme Court of Alabama · 1845
- Donaldson's Adm'r v. Waters' Adm'rSupreme Court of Alabama · 1859