Rake's Adm'r v. Pope
Supreme Court of Alabama
Writ of error to the Circuit Court of St. Clair. This was an action of assumpsit brought by the intestate of the plaintiff in error against the defendant, for the recovery of. the price of a stallion, (named Cicero,) which he had previously sold and delivered to him.
Read the full summary
Writ of error to the Circuit Court of St. Clair. This was an action of assumpsit brought by the intestate of the plaintiff in error against the defendant, for the recovery of. the price of a stallion, (named Cicero,) which he had previously sold and delivered to him. The declaration contains five counts, in some of which, the sum of two thousand dollars, is alledged to be the last instalment of the purchase money sought to be recovered; in others, five thousand dollars is al-ledged to be the price, and this sum the plaintiff claims. The defendant pleaded 1. Non assumpsit. The 2d, 3d, 4th and…
1Opinion of the Court
COLLIER, C. J
— The first section of the statute of frauds, among other things enacts, that no action shall be brought whereby to charge the defendant, “upon any agreement, which is not to be performed within the space of one year from the making thereof; unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person, by him .thereunto lawfully authorized.5’ [Clay’s Dig. 254, § 1.] It has been held, that this provision extends to all contracts, which are not…
2Cases cited5 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Lawrence v. HuntNew York Supreme Court · 1833
- Burt v. SternburghNew York Supreme Court · 1825
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
3Cited by35 opinions
- Manning v. PippenSupreme Court of Alabama · 1888
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- City of Tyler v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1906
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Fall v. HazelriggIndiana Supreme Court · 1874
30 more not listed; retrieve them via the Exa API.