Metzger v. Brincat
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by John C. Brincat against Simon Metzger. From a decree for complainant, defendant appeals. The contract being between Brincat and Metzger, Brincat & Co., could not avail of any damages effected by the breach of the contract as there was no mutuality. — Watts v. Rice, 75 Ala. 289; Drennan v. Gilmore, 132 Ala. 248. We, therefore, insist that the plea filed was a complete answer to tbe suit.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by John C. Brincat against Simon Metzger. From a decree for complainant, defendant appeals. The contract being between Brincat and Metzger, Brincat & Co., could not avail of any damages effected by the breach of the contract as there was no mutuality. — Watts v. Rice, 75 Ala. 289; Drennan v. Gilmore, 132 Ala. 248. We, therefore, insist that the plea filed was a complete answer to tbe suit. The register’s report plainly violates the rule laid down in the case of O’Neal v. Perryman, 102 Ala. 522; Woodruff v. Smith, 127…
1Opinion of the CourtSimpson, J.
The original bill in this case was filed by the appellee against the appellant. The bill alleges that on July 27, 1905, complainant had entered into a written contract, by which the defendant leased to him a certain fruit stand in the city of Mobile, and complain*399ant executed his 12 promissory notes, for $60 each, payable monthly; that in said written lease said defendant agreed not to rent any other portion of the building to be used as a fruit stand which would conflict with said tenant’s business; that the reason which induced complainant to rent said fruit stand was that there «'ere no…
2Cases cited3 opinions
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Montgomery County Union Agricultural Society v. HarwoodIndiana Supreme Court · 1891
- Deluise v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Hiatt Investment Co. v. BuehlerMissouri Court of Appeals · 1929
- Malone v. HastingsCourt of Appeals for the Fifth Circuit · 1912
- Bromberg v. Eugenotto Construction Co.Supreme Court of Alabama · 1909
- Lewis v. CollierSupreme Court of Alabama · 1908