Boykin v. Dohlonde & Co.
Supreme Court of Alabama
Appeal from the City Court of- Mobile. Tried.before the Hon. Alex. McKiNSteyv. This action was brought by E. Dohlorrdb &"''Co.-, against the appellants-, to i-ecoverthe sum of $1587 60, the- price of certain goods, wares and’merchandize sold and delivered.
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Appeal from the City Court of- Mobile. Tried.before the Hon. Alex. McKiNSteyv. This action was brought by E. Dohlorrdb &"''Co.-, against the appellants-, to i-ecoverthe sum of $1587 60, the- price of certain goods, wares and’merchandize sold and delivered. The complaint contained two coutits ; the first alleging tbe sale and delivery of the goods to the defendants themselves, on the 31st March, 1860 ; and the second alleging the sale and delivery to R. S. & T. D. 'Weir, at the special instance and request of the defendants, on and before the 31st March, 1860. The defendants pleaded the…
1Opinion of the CourtR. W. Walker, J.
In the construction and applica*581tion of that branch of the statute of frauds regulating promises made by one person to answer for the debt, default, or miscarriage of another, numerous difficulties have arisenv and many perplexing distinctions have been taken. But one anchorage at least has been gained by the course of decision in England and in this country; that is, that when the promise of the' defendant is to pay for articles to be furnished to a third person, if the transaction be such that the third person is responsible to the person who supplies the articles, the promise .of the…
2Cases cited12 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Rogers v. KneelandCourt for the Trial of Impeachments and Correction of Errors · 1834
- Elder v. WarfieldCourt of Appeals of Maryland · 1826
- Scott v. MyattSupreme Court of Alabama · 1854
- Puckett v. BatesSupreme Court of Alabama · 1842
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Lusk v. ThroopIllinois Supreme Court · 1901
- Strouse v. EltingSupreme Court of Alabama · 1895
- Clark v. Jones & BrotherSupreme Court of Alabama · 1888
- American Casualty Company of Reading, Pa. v. DevineSupreme Court of Alabama · 1963
- McGowan Commercial Co. v. Midland Coal & Lumber Co.Montana Supreme Court · 1910
30 more not listed; retrieve them via the Exa API.