Fowler v. Armour
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstRY. Assumpsit by Charles Armour against the appellants, “to recover the sum of $480 for a breach of contract, it being the sum of money agreed to be paid by said defendants to said plaintiff, for his services for one year from the 10th of May, 1852 ; said plaintiff having been discharged from the performance of his part of the contract.”
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstRY. Assumpsit by Charles Armour against the appellants, “to recover the sum of $480 for a breach of contract, it being the sum of money agreed to be paid by said defendants to said plaintiff, for his services for one year from the 10th of May, 1852 ; said plaintiff having been discharged from the performance of his part of the contract.” The writ was issued on tlie 26th of July, 1852, and was executed on the defendants on the 3rd of September ; the declaration is entitled “October Term, 1852,” and the trial was had on…
1Opinion of the CourtPhelan, J.
The first count in the declaration is a good count on a special contract for wages, and with the liberal indulgence shown to declarations under our laws and rules of practice, we might be even disposed to hold it good as a count for breach of the contract, if that were necessary to sustain the judgment below. —Davis v. Ayers, 9 Ala. 292.
But, whether the action is to be treated as one for damages arising from a breach of the special contract, alleged and proven, or for wages due according to contract, the charge of the court we conceive to be erroneous.
The proof shows, that Armour engaged with…
2Cases cited4 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Cunningham v. MorrellNew York Supreme Court · 1813
- Davis v. AyresSupreme Court of Alabama · 1846
- Davis v. PrestonSupreme Court of Alabama · 1844
3Cited by27 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Cutter v. GilletteMassachusetts Supreme Judicial Court · 1895
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Mount Hope Cemetery Ass'n v. WeidenmannIllinois Supreme Court · 1891
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