Russell v. Gregory
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before Hon. Henry D. Clayton. Tbe appellant, W. M. Russell, sued out an attachment against Burrell Bottoms, tbe intestate of tbe appellee, Thomas J. Gregory, on the 18th day of November, 1865. Tbe affidavit for tbe attachment averred that Burrell Bottoms was justly indebted to appellant in tbe sum of six hundred dollars, as damages for the breach of two contracts, as follows : On tbe 21st day of January, 1865, Russell purchased of…
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Appeal from Barbour Circuit Court. Tried before Hon. Henry D. Clayton. Tbe appellant, W. M. Russell, sued out an attachment against Burrell Bottoms, tbe intestate of tbe appellee, Thomas J. Gregory, on the 18th day of November, 1865. Tbe affidavit for tbe attachment averred that Burrell Bottoms was justly indebted to appellant in tbe sum of six hundred dollars, as damages for the breach of two contracts, as follows : On tbe 21st day of January, 1865, Russell purchased of said Bottoms five thousand pounds of cotton seed, for which he paid him the sum of six hundred and fifty dollars; and on…
1Opinion of the CourtBrickell, C. J.
When this cause was before this court at a former term, (Ex parte Bottoms, 46 Ala. 312), it was held, the affidavits disclosing that the vendor had disabled himself from a delivery of the cotton according to the terms of the contract of sale, the vendee had the right to treat the contract as rescinded, and sue presently for the money he had paid. Consequently the attachment, though issuing before the day appointed for the delivery of the cotton, was not premature.
On the final trial in the Circuit Court, the plaintiff offered no evidence tending to show that the vendee had, before the issue of…
2Cases cited2 opinions
- Donaldson's Adm'r v. Waters' Adm'rSupreme Court of Alabama · 1857
- Ex parte BottomsSupreme Court of Alabama · 1871