Strong v. Gatlin's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the lion. E. W. Pettus. This action was brought by John D. Gatlin, against John M. Strong, “to recover $75, due by account on the 10th January, 1852, for work and labor done and materials furnished by plaintiff to defendant, at the defendant’s request and was commenced on the 24th March, 1857. The defendant pleaded non assumpsit, want of consideration, failure of consideration, fraud in the performance of the work, and…
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Appeal from the Circuit Court of Dallas. Tried before the lion. E. W. Pettus. This action was brought by John D. Gatlin, against John M. Strong, “to recover $75, due by account on the 10th January, 1852, for work and labor done and materials furnished by plaintiff to defendant, at the defendant’s request and was commenced on the 24th March, 1857. The defendant pleaded non assumpsit, want of consideration, failure of consideration, fraud in the performance of the work, and the statute of limitations of three years; and the plaintiff replied to the last plea, 1st, that the account sued on was…
1Opinion of the Court
A. J. WALKER, O. J.
The letter from defendant, of 25th September, 1851, was addressed to Catlin £ Armstrong, and requested them to publish an advertisement, in their paper for three months. This suit is brought for the publication by Gatlin alone in his paper of an advertisement for three months. To every contract the mutual assent of both parties is indispensable. The only predicate for the inference of the defendant’s assent to the contract here, is his letter to Catlin & Armstrong; and the only predicate there could be for the inference of the plaintiff’s assent, is the compliance on his…
2Cases cited1 opinion
- Evans v. CareySupreme Court of Alabama · 1856
3Cited by6 opinions
- Finlay v. SwirskySupreme Court of Connecticut · 1925
- Dolan v. ScanlanCalifornia Supreme Court · 1881
- Hart v. Bray & Bros.Supreme Court of Alabama · 1874
- Hurt v. ClarkeSupreme Court of Alabama · 1876
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920
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