Pettigrew v. Bishop
Supreme Court of Alabama
Error to the County Court of Pickens. ASSUMPSIT in the Court below by the defendant in error, against the plaintiff in error, to recover for work and labor done as an overseer.
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Error to the County Court of Pickens. ASSUMPSIT in the Court below by the defendant in error, against the plaintiff in error, to recover for work and labor done as an overseer. On the trial it was proved, that the plaintiff below, contract- . - ed with the defendant as an overseer for twelve months, for the sum of two hundred and seventy-five dollars and twenty bushels-of -corn; that he commenced about the 1st January, 1-839, and continued near eleven months, and that he quit his employer’s service without his consent. The defendant moved the Court to charge the jury, that if they believed…
1Opinion of the Court
ORMOND, J
The contract of the defendant in error, in this case, was to serve the plaintiff in error as an overseer, for a fixed compensation, and to recover, it is necessary he should shew either that he has performed the contract on his part, or that he has been prevented from doing so by the act of the opposite party. The attempt here is to recover compensation for a part of the time, without shewing any reason for his failure to perform the entire contract; to permit this to be done, would be to permit one of the parties to a contract, to make a material alteration in its terms, without the…
2Cases cited1 opinion
- Wright v. TurnerSupreme Court of Alabama · 1827
3Cited by3 opinions
- Martin v. MassieSupreme Court of Alabama · 1900
- Givhan v. Dailey's Admr'xSupreme Court of Alabama · 1842
- McGehee v. WalkeSupreme Court of Alabama · 1849