Scoggin v. Blackwell
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by Alexander Scoggin, against Francis M. Blackwell, to recover the sum of $850, alleged to be “ due by account on the 1st January, 1859, for work and labor done by plaintiff for defendant, at his request, as an overseer, during the year 1858and was commenced on the 6th April, 1859. The defendant pleaded non assumpsit, the-statute of frauds, former recovery, and payment.
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by Alexander Scoggin, against Francis M. Blackwell, to recover the sum of $850, alleged to be “ due by account on the 1st January, 1859, for work and labor done by plaintiff for defendant, at his request, as an overseer, during the year 1858and was commenced on the 6th April, 1859. The defendant pleaded non assumpsit, the-statute of frauds, former recovery, and payment. “ On the trial,” as the bill of exceptions states, “ the plaintiff proved that in December, 1857, the defendant employed him as…
1Opinion of the CourtStone, J.
The contract in the present case was oral, entered into in the month of December, 1857, by which the plaintiff bound himself to serve the defendant in the capacity of overseer, for and during the year 1858. By the very terms of the contract, it was not to be completely performed within one year from the making thereof. So long as the contract remained executory, uo action could be predicated upon it for its breach or nonperformance. — Code, §1551, subd. 1; Browne on Stat. Frauds, 292; Chitty on Contr. 67-8; Crommelin v. Thiess, 31 Ala. 412; Boydell v Drummond, 11 East, 142, 155; Drummond v.…
2Cases cited2 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Drummond v. A. & N. BurrellNew York Supreme Court · 1835
3Cited by17 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Ex Parte RamsaySupreme Court of Alabama · 2002
- Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
- Chase v. HinkleyWisconsin Supreme Court · 1905
- Conoly v. HarrellSupreme Court of Alabama · 1913
12 more not listed; retrieve them via the Exa API.