Barbour v. Poncelor
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by Ben F. Barbour against D. J. Poncelor in deceit and breach of contract. Because of adverse rulings on‘the pleading, plaintiff took a nonsuit and appeals.
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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by Ben F. Barbour against D. J. Poncelor in deceit and breach of contract. Because of adverse rulings on‘the pleading, plaintiff took a nonsuit and appeals. The contract directed to he set out is as follows: Articles of agreement and contract by and between D. J. Poncelor of Birmingham, Ala., party of the first part, and Ben F. Barbour, of Birmingham, Ala., party of the second part, witnesseth: That D. J. Poncelor is the owner of 125 shares of the capital stock of the Rye-Ola Company, which stock is of the par value of…
1Opinion
On Rehearing.
McCLELLAN, J.
[9] The brief in support of the application is a reargument of the questions considered on the original submission, with the citation of some additional texts and decisions and the earnest insistence upon the proposition that the provisions of Code, § 3973, providing that “all receipts, releases, and discharges in writing, whether of a debt of record, or a contract under seal, or otherwise, must have effect according to the intention of the parties thereto,” should be accorded the effect to allow inquiry through parol evidence—notwithstanding the comprehensive,…
2Cases cited10 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Betts v. WardSupreme Court of Alabama · 1916
- Pierson v. HookerNew York Supreme Court · 1808
- Beatty v. PalmerSupreme Court of Alabama · 1916
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