Child v. Wofford
Supreme Court of Alabama
THE plaintiffs' in error, brought an action of. assumpsit against the defendant, in the County Court of Pickens, and declared for goods, wares and merchandize sold and delivered, money paid, &c. The case was tried on the pleas of non as-assumpsit, payment, and set off. . On the trial, the plaintiffs excepted to the ruling of the Court.
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THE plaintiffs' in error, brought an action of. assumpsit against the defendant, in the County Court of Pickens, and declared for goods, wares and merchandize sold and delivered, money paid, &c. The case was tried on the pleas of non as-assumpsit, payment, and set off. . On the trial, the plaintiffs excepted to the ruling of the Court. From the bill of exceptions, it appears that the plaintiffs offered as evidence, a letter written by the-defendant to the plaintiff, Child, and addressed to him at Mobile, which letter is as" follows: “ Carrolton, .February 8,1840. Dear Sir: Please send me the…
1Opinion of the CourtCollier, C. J.
There cari be no doubt that' the declarations of a party are sometimes evidence in his favor, as constituting a part of the res gestee; but to be a part of the res gestee, the declarations must have been made at the time' of the act done, which they are supposed to characterize, and well calculated to unfold the nature and quality of the facts they were intended to explain, and so to harmonize with them, as obviously to make one transaction. Enos v. Tuttle, 3 Conn. Rep. 250.
If the intentions of the defendant in sending his order to Child, or his belief in receiving the goods, could serve, to…
2Cases cited1 opinion
- Kupfer v. Inhabitants of the South Parish in AugustaMassachusetts Supreme Judicial Court · 1815
3Cited by2 opinions
- Carew & Son v. LillienthallSupreme Court of Alabama · 1873
- Foster v. JohnsonSupreme Court of Alabama · 1848