Cage & Salter v. Phillips
Supreme Court of Alabama
Appeal, from the City Court of Mobile. Tried before the Hon. Henry Chamberlain. This action was brought by Elam Phillips, for the user of Ulysses B. Phillips, (in whose name the suit was after-wards prosecuted without objection,) against Loftin Cage and.
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Appeal, from the City Court of Mobile. Tried before the Hon. Henry Chamberlain. This action was brought by Elam Phillips, for the user of Ulysses B. Phillips, (in whose name the suit was after-wards prosecuted without objection,) against Loftin Cage and. Richard Salter, to recover the rent reserved by a lease under seal; and was commenced on the 13th May, 1859. The leased premises contained a saw and grist-mill; and by the terms of the contract, as stated in the complaint, the lease was to commence on the 8th March, 1844, and to continue two years. The defendants pleaded, “in short by…
1Opinion of the CourtA. J. Walker, C. J.
The fifth special plea is free from objection, and the court erred in sustaining the plain*385tiff’s demurrer to it, The defendants, under our statute, have a right to set off damages which the law is capable of measuring accurately by a pecuniary standard, and which are the result of the fraud alleged in the fifth plea. Gibson v. Marquis, 29 Ala, 668 ; Bell v. Thompson, 34 Ala. 633. The averment of damage is sufficiently specific, under the rule of pleading deduced from the Code in the case of Roberis v. Fleming, 31 Ala. 683.
It is unnecessary to say anything of the sixth plea. If that plea bo…
2Cases cited2 opinions
- Bell v. ThompsonSupreme Court of Alabama · 1859
- Roberts v. FlemingSupreme Court of Alabama · 1858
3Cited by9 opinions
- Warren v. WagnerSupreme Court of Alabama · 1883
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
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