Barringer & Rhodes v. Sneed
Supreme Court of Alabama
Jakes Sneed, brought an action of assumpsit in Tus* caloosa Circuit Court, against M. Barringer and S. Rhodes, as copartners, for damages for the non-performance of a contract in writing, which he alleged was lost,’and of which he produced a copy as follows: “An article of agreement between James Sneed of the one part and Matthew Barringer of the other: witnesseth, that the said Matthew doth agree to load James Sneed’s boat to Mobile with corn, at the rate of twenty five…
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Jakes Sneed, brought an action of assumpsit in Tus* caloosa Circuit Court, against M. Barringer and S. Rhodes, as copartners, for damages for the non-performance of a contract in writing, which he alleged was lost,’and of which he produced a copy as follows: “An article of agreement between James Sneed of the one part and Matthew Barringer of the other: witnesseth, that the said Matthew doth agree to load James Sneed’s boat to Mobile with corn, at the rate of twenty five cents per bushel, freight ■to be paid at the place above mentioned; and also to load the boat with two hundred barrels and…
1Opinion of the Court
By JUDGE LIPSCOMB.
In this case a great many points have been made by the counsel for the plaintiffs in error. We shall however dispose of those we consider material, without examining those of minor importance. The first objection taken to the record is, that it shews that the Court below admitted secondar}' evidence to prove a written contract. The bill of exceptions in the case does not assume to set out the whole of the testimony, but it shews that on its being proven that the original contract *204between the parties was lost, the Court permitted a paper. that a witness swore was a true copy…
2Cited by3 opinions
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
- Clark v. HartSupreme Court of Alabama · 1873
- Potter v. GibbonsSupreme Court of New Jersey · 1879