Bunch v. Garner
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County ; A. P. Agee, Judge. Action by Arthur J. Bunch against J. G. Garner, as executor of the estate of R. E. Garner, deceased, for breach of a contract. After adverse ruling on the pleading, plaintiff takes a nonsuit and appeals. The agreement declared on in the first six counts of the complaint did not contravene the statute of frauds, and was binding. 86 Ala. ISO, 5 South. 578; -10 Cyc. 269; 156 Ala. 557, 46 South. 977, 16 Ann.
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Appeal from Circuit Court, Calhoun County ; A. P. Agee, Judge. Action by Arthur J. Bunch against J. G. Garner, as executor of the estate of R. E. Garner, deceased, for breach of a contract. After adverse ruling on the pleading, plaintiff takes a nonsuit and appeals. The agreement declared on in the first six counts of the complaint did not contravene the statute of frauds, and was binding. 86 Ala. ISO, 5 South. 578; -10 Cyc. 269; 156 Ala. 557, 46 South. 977, 16 Ann. Cas. 529; 144 Ala. 666, 39 South. 562. If • any part of the agreement is valid, it will avail pro tanto, though another part of…
1Opinion of the CourtMiller, J.
Arthur J. Bunch, plaintiff below, appellant here, filed this suit against J. D. Garner as executor of the estate of R. E. Garner, deceased, for damages for breach of a contract made and entered into by and between him and R. E. Garner, the testator.
The court sustained demurrers of defendant to counts 1 to 5, both inclusive, as originally filed and as amended; and demurrers to counts numbered 7 and 8, added by amend ment, were also sustained by the court. The plaintiff took a nonsuit on account of these adverse rulings to him! by the court on the pleadings. The court granted the nonsuit,…
2Cases cited8 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- White v. BreenSupreme Court of Alabama · 1894
- Strouse v. EltingSupreme Court of Alabama · 1895
- Thompson v. New South Coal Co.Supreme Court of Alabama · 1902
- Conoly v. HarrellSupreme Court of Alabama · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- W. P. Brown & Sons Lumber Co. v. RattraySupreme Court of Alabama · 1939
- Abbott v. HurstSupreme Court of Alabama · 1994
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