Phillips-Boyd Pub. Co. v. McKinnon
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. A. B. Foster. Action by the Phillips-Boyd Publishing Company against A. McKinnon and another. Judgment for defendants and plaintiff appeals.
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Appeal from Coffee Circuit Court. Heard before Hon. A. B. Foster. Action by the Phillips-Boyd Publishing Company against A. McKinnon and another. Judgment for defendants and plaintiff appeals. Transferred from the Court of Appeals under Acts 1911, p. 450, § 6. The complaint declares upon a guaranty in the shape of a letter addressed to plaintiff, and signed by Archie McKinnon and J. J. Rivenbark, requesting plaintiff to “ship to L. E. McKinnon such books as he may order from time to time, and on credit, and give him such time in which to pay for them as you may deem proper, in consideration…
1Opinion of the CourtAnderson, C. J.
(1-10) It takes two or more parties to make a valid contract, as there must be a meeting of minds. Therefore, if a guaranty is a mere offer, it must be accepted be*445fore it becomes binding. When there is a request by the guarantee to the guarantor for guaranty, and the guaranty is made in response to such request, then the contract becomes complete. If the contract is bilateral and completely executed by both parties, reciting on its face that it is executed upon a consideration, though nominal, no acceptance is required for it is a complete contract. If the contract is absolute in form and…
2Cases cited4 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Manier & Co. v. ApplingSupreme Court of Alabama · 1896
- Shows v. SteinerSupreme Court of Alabama · 1911
- Swisher v. DeeringAppellate Court of Illinois · 1902
3Cited by4 opinions
- Russell v. GarrettSupreme Court of Alabama · 1920
- Huckaby v. McConnon & Co.Supreme Court of Alabama · 1925
- Aluminum Cooking Utensil Co. v. KentAlabama Court of Appeals · 1925
- Birmingham News Co. v. ReadSupreme Court of Alabama · 1917