Kolsky v. Enslen
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellant, A. Kolsky, against the appellee, E. F. Enslen, on December 2d, 1892; and sought to recover from the defendant $800. The action was founded upon the following contract: “A. Kolsky, Esq., Binningham, Ala. Dear Sir: — We hereby agree to refund to you, on surrender to us by you your shares of interest in the East Tenn. & North Ala.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellant, A. Kolsky, against the appellee, E. F. Enslen, on December 2d, 1892; and sought to recover from the defendant $800. The action was founded upon the following contract: “A. Kolsky, Esq., Binningham, Ala. Dear Sir: — We hereby agree to refund to you, on surrender to us by you your shares of interest in the East Tenn. & North Ala. Coal & Iron Co. at the end of two years from this date, the sum of $800, being the amount paid for ten shares of the ‘ground floor’ stock of said…
1Opinion of the CourtBrickell, C. J.
The assignments of error are directed solely to the revision of rulings of the court below, overruling demurrers to pleas, and sustaining demurrers to replications ; and it is convenient to consider these rulings in the order in which they have been argued by counsel.
1. The action is founded on a contract or agreement in writing, and the first plea to which our attention is drawn, is brief. Omitting the commencement, it merely alleges ‘ ‘that said agreement is without consideration.’ ’ The Code (§ 2769) declares that every written coptract, the foundation of suit, imports a sufficient…
2Cases cited10 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1881
- Lester v. . JewettNew York Court of Appeals · 1854
- Giles v. WilliamsSupreme Court of Alabama · 1842
- Carmelich v. MimsSupreme Court of Alabama · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- United States National Bank v. ChappellMontana Supreme Court · 1924
- Armstrong v. WalkerSupreme Court of Alabama · 1917
- Milligan v. PollardSupreme Court of Alabama · 1895
- Bank of Loretto v. BoboAlabama Court of Appeals · 1953
8 more not listed; retrieve them via the Exa API.