Bates v. Starr
Supreme Court of Alabama
Wbií of error to the Circuit Court of Barbour.- This was an action of assumpsit at the suit of the plaintiffs in error against the defendant.
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Wbií of error to the Circuit Court of Barbour.- This was an action of assumpsit at the suit of the plaintiffs in error against the defendant. The declaration contains too counts; in the first, it is stated that the plaintiffs being the owners of a store-house in the town of Irwinton, the defendant on the fourth of October, 1841, sent one John Searll to rent the same, and pro¿ mised them that any contract Searll might make for the renting" and disposal of the store-house, he, the defendant, would be re-< sponsible for. It is then averred, that in consideration of thé defendant’s promise, the…
1Opinion of the Court
COLLlÉít, C. J.
The only question in this case is, Whether ‘the undertaking of the defendant is an original and direct promise to pay the plaintiffs so much as Searll might agree should be the price of the rent of their store house, or was it collateral to, and dependent upon the non-performance of a contract made with Searll on his own account. It is insisted for the defendant, that Lawson, et al. v. Townes, Oliver & Co. [2 Ala. Rep. 373,] is a •case in point, and fully sustains the decision of the circuit court_-In that, case,-the defendants gave a recommendation in writing, toa third…
2Cases cited1 opinion
- Lawson v. Townes, Oliver & Co.Supreme Court of Alabama · 1841
3Cited by9 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Hobbs v. StateSupreme Court of Alabama · 1883
- Scott v. MyattSupreme Court of Alabama · 1854
- B. N. Scribner & Co. v. SchenkelCalifornia Supreme Court · 1900
- J. Zimmern's Co. v. GranadeSupreme Court of Alabama · 1924
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