Fletcher v. Prestwood
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heaid before Hon. H. A. Pearce. Action by John E. Fletcher, for the use of John E. Fletcher and Henry L. Fletcher, late partners under the firm name of J. E. & H. L. Fletcher, against J. A. Prestwood. From an order denying a new tiial, plaintiffs appeal.
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Appeal from Covington Circuit Court. Heaid before Hon. H. A. Pearce. Action by John E. Fletcher, for the use of John E. Fletcher and Henry L. Fletcher, late partners under the firm name of J. E. & H. L. Fletcher, against J. A. Prestwood. From an order denying a new tiial, plaintiffs appeal. This action ivas begun by John E. Fletcher, for the use of John E. Fletcher and Henry L. Fletcher, late partners under the firm name of J. E. & H. L. Fletcher, as plaintiffs, who claim $1,000 damages for the breach of the condition of an agreement which is as follows: “This contract and agreement, made and…
1Opinion of the Court
TYSON,, C. J.
The contract, for the alleged breach of which damages are sought to.be recovered, ivas entered into between one Boyett and defendant. Boyett, it appears, assigned it in writing to one of these plaintiffs. Plaintiffs, perceiving it to. be necessary in order to maintain the action, amended their. complaint by averring that “after the transfer and assignment of said contract io plaintiff John E. Fletcher the defendant was informed of the same, and that, after receiving such information and with the knowledge that plaintiff had become the transferee of said contract, he agreed to…
2Cases cited3 opinions
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- Cowan v. CampbellSupreme Court of Alabama · 1901
- Reese v. ReavesSupreme Court of Alabama · 1901
3Cited by1 opinion
- Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.Supreme Court of Alabama · 1917