Legal Opinion

Pugh, Stone & Co. v. Barnes

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 5 opinions

Appeal from Tallapoosa Circuit Court. Tried before Hon. N. D. DeksoN. The evidence introduced in this cause, and the rulings thereon are sufficiently shown by the opinion.

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Appeal from Tallapoosa Circuit Court. Tried before Hon. N. D. DeksoN. The evidence introduced in this cause, and the rulings thereon are sufficiently shown by the opinion. The court refused to give the following charge requested in writing by the plaintiff; “If the jury believe from the evidence, that in consideration of the defendants promise under the contract, to pay plaintiff's $100, the latter released Lucy Thomas and G-. W. Matthews of $100 on their debt to plaintiffs by and with the consent of the defendant, then I charge you, it makes no difference whether the boys performed the…

1Opinion of the CourtColeman, J.

Lucy Thomas and G. W. Matthews were indebted to Pugh, Stone & Co., in the sum of two hundred dollars. The creditors, Pugh, Stone & Co., brought about a contract evidenced by writing between Lucy Thomas and the appellee, John L. Barnes, in which it was stipulated that Barnes was to pay two hundred dollars for the hire of her two minor sons for one year, one hundred of which was to be paid to Pugh, Stone & Co. The contract of hire stipulated that the hirer should have the right to deduct from the amount agreed to be paid as hire for all loss of time, and it was' further provided that if the…

2Cases cited4 opinions

  1. Carver v. EadsSupreme Court of Alabama · 1880
  2. Mason v. HallSupreme Court of Alabama · 1857
  3. Huckabee v. MaySupreme Court of Alabama · 1848
  4. Dimmick v. RegisterSupreme Court of Alabama · 1890

3Cited by5 opinions

  1. Fite v. PearsonSupreme Court of Alabama · 1926
  2. John F. Clark & Co. v. NelsonSupreme Court of Alabama · 1927
  3. Darling Shop of Birmingham, Inc. v. Nelson Realty Co.Supreme Court of Alabama · 1954
  4. Dowling v. ParkerSupreme Court of Alabama · 1930
  5. Darling Shop of Birmingham, Inc. v. Nelson Realty Co.Supreme Court of Alabama · 1954

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