Bain v. McDonald
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. The facts of the case are sufficiently stated in the opinion. 1. It is also clear that the contract was void under the statute of frauds.— White v. Levy, 93 Ala. 484; Martin v. Blanchett, 77 Ala. 288 ; Crommelin v. Thiess, 31 Ala. 412; Scogginv.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. The facts of the case are sufficiently stated in the opinion. 1. It is also clear that the contract was void under the statute of frauds.— White v. Levy, 93 Ala. 484; Martin v. Blanchett, 77 Ala. 288 ; Crommelin v. Thiess, 31 Ala. 412; Scogginv. Blackiuell, 36 Ala. 351; Bishop on Contracts, (Enl. ed.), 127. 2. It is argued, however, that as the rent was to be paid on Nov. 15, 1891, the contract was by its terms to be wholly performed on one side within the twelve months and therefore not within the statute of…
1Opinion of the CourtBiiickell, C. J.
This was an action in which the appellee, as administrator .of James S. Bain, deceased, was plaintiff, and the appellant was defendant. The complaint contains a single count, alleging that the defendant was indebted to the plaintiff in the sum of four hundred dollars, for the rent of lands for the year 1891, due and payable on the 15th November, 1891. The defendant pleaded the general issue and three special pleas. The first special plea is, that the agreement oy contract on which the suit was founded was not in writing, and was offensive to the clause of the statute of frauds directed…
2Cases cited11 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- King v. ReynoldsSupreme Court of Alabama · 1880
- Atwater v. HoughSupreme Court of Connecticut · 1861
- Rainbolt v. EastIndiana Supreme Court · 1877
- Martin v. BlanchettSupreme Court of Alabama · 1884
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3Cited by7 opinions
- Ex parte BanksSupreme Court of Alabama · 1913
- Bunch v. GarnerSupreme Court of Alabama · 1922
- Murphy v. FarleySupreme Court of Alabama · 1899
- Wickson v. Monarch Cycle Manufacturing Co.California Supreme Court · 1900
- Rudder v. TriceSupreme Court of Alabama · 1938
2 more not listed; retrieve them via the Exa API.