Bohanan v. Darden
Alabama Court of Appeals
Breach of Contract. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by J. R,. Thomas against D. P. Bohanan and another, for breach of contract, revived in the name of Osceola Darden, as administrator of said Thomas. Judgment for plaintiff and defendants appeal.
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Breach of Contract. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by J. R,. Thomas against D. P. Bohanan and another, for breach of contract, revived in the name of Osceola Darden, as administrator of said Thomas. Judgment for plaintiff and defendants appeal. Though evidenced by separate writings the deed and contract must he regarded as parts of each other, and as together forming the entire agreement. — Drevmen v. Batter-field, 119 Ala. 84; Forst v. Leonard, 112 Ala. 296; 2 Mafy. p. 754. Therefore, plaintiff had no right, and defendant was under no duty to…
1Opinion of the CourtPelham, J.
This suit was revived in the name of the administrator as the personal representative of the appellee, J. R. Thomas, after judgment in the trial court, and is the second appeal in the case. See Bohanan v. Thomas, 159 Ala. 410, 49 South. 308. The present action was brought by appellee’s intestate, Thomas, against the appellant, Bohanan, for the breach of a contract by the terms of which Bohanan agreed to erect a frame building by a designated time on a certain 80 acres of land contemporaneously sold by Bo-hanan to Thomas. The principal contention, as stated by the appellant, arises on the…
2Cases cited3 opinions
- Town of Vernon v. WedgeworthSupreme Court of Alabama · 1906
- Harris v. PowersSupreme Court of Alabama · 1876
- Bohanan v. ThomasSupreme Court of Alabama · 1909
3Cited by5 opinions
- Frank v. StateSupreme Court of Georgia · 1914
- McLarty v. WrightCourt of Civil Appeals of Alabama · 1975
- Mobile Home Brokers, Inc. v. ClarkCourt of Civil Appeals of Alabama · 1977
- Hamilton v. City of BirminghamAlabama Court of Appeals · 1939
- McDowell v. McDowellSupreme Court of Alabama · 1972