Carter v. Beck
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before tbe Hon. JOHN K. Henky. This action was brought by William N- Beak, against Augustus Carter, and was commenced on the 4th Februaryj 1861. The original complaint contained the common money counts, and a special count in the following words : “The plaintiff claims of the defendant four thousand dollars, as damages for the breach of an agreement entered into by him on the 24th day of January, 1859, by which he promised, on…
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Appeal from the Circuit Court of Wilcox. Tried before tbe Hon. JOHN K. Henky. This action was brought by William N- Beak, against Augustus Carter, and was commenced on the 4th Februaryj 1861. The original complaint contained the common money counts, and a special count in the following words : “The plaintiff claims of the defendant four thousand dollars, as damages for the breach of an agreement entered into by him on the 24th day of January, 1859, by which he promised, on the 7th day of February, 1859, to make to plaintiff good and legal titles to twelve hundred and twenty-nine acres of…
1Opinion of the CourtA. J. Walker, C. J.
The acceptance of the defendant’s deed by the plaintiff, was a complete execution of the antecedent agreement to convey, and annulled it; and no action at law can be sustained upon it. — Howes v. Barker, 3 Johns. 506; Houghtaling v. Lewis, 10 Johns. 297; Cronister v. Cronister, 1 Watts & Ser. 442; Falconer v. Garrison, 1 McCord, 209; Frederick v. Youngblood, 19 Ala. 680.
The decision in Johnson v. Collins, (20 Ala. 435,) is not opposed to this doctrine. There the obligation was that two persons should convey; one of them only conveyed, and it was held, that a conveyance by one was not, prima…
2Cases cited8 opinions
- Howes v. BarkerNew York Supreme Court · 1808
- Frederick v. YoungbloodSupreme Court of Alabama · 1851
- Houghtaling v. LewisNew York Supreme Court · 1813
- Wright v. WrightSupreme Court of Alabama · 1859
- Minge v. SmithSupreme Court of Alabama · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Hodges v. DennySupreme Court of Alabama · 1888
- Bryan v. SwainCalifornia Supreme Court · 1880
- Manning v. CarterSupreme Court of Alabama · 1917
- Alger-Sullivan Lumber Co. v. Union Trust Co.Supreme Court of Alabama · 1922
18 more not listed; retrieve them via the Exa API.