Stevens v. Hertzler
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This was an action by John Hertzler, Jr., the appellee, against James R. Stevens, the appellant.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This was an action by John Hertzler, Jr., the appellee, against James R. Stevens, the appellant. The amended complaint, on which the cause was tried, was as follows ; “The plaintiff claims of the defendant the sum of $1,270.08, with interest thereon from the 16th day of January, 1894, due from the defendant to the plaintiff under the following state of facts : On or about the 8th day of January, 1894, the plaintiff, with others therein named, executed and delivered to the defendant a contract in writing in words and…
1Opinion of the CourtHead, J.
The writings— the foundation of the present action — appear to us to be certain to every intent, excluding all ambiguity or doubt as to their import and meaning. The instrument of Janruary 8th, 1894, assuming, as it recites,'that the promise rested upon a valuable consideration, bound the plaintiff to sell, transfer and deliver to the defendant, at the lat*428ter’s option, at any time within three months from its date, forty-nine shares of the specified corpora'o stock, then owned by the plaintiff, at the price of twenty-five 92-100 dollars per share. In order to' the execution of the agreement,…
2Cases cited1 opinion
- Wailes v. HowisonSupreme Court of Alabama · 1890
3Cited by4 opinions
- Hertzler v. StevensSupreme Court of Alabama · 1898
- Stevens v. HertzlerSupreme Court of Alabama · 1896
- Smith v. CarlstonCalifornia Supreme Court · 1928
- In re LandisDistrict Court, E.D. Pennsylvania · 1907