Vastbinder v. Metcalf
Supreme Court of Alabama
Error to Baldwin Circuit Court. THIS was an action of trespass on the case brought by the plaintiff in error against the defendant in error. The declaration contains two counts; first, for the use and occupation of land; and secondly, the common count for work and labor and. merchandize sold and delivered.
Read the full summary
Error to Baldwin Circuit Court. THIS was an action of trespass on the case brought by the plaintiff in error against the defendant in error. The declaration contains two counts; first, for the use and occupation of land; and secondly, the common count for work and labor and. merchandize sold and delivered. The defendant pleaded the general issue, with leave to give special matter in evidence.— This and another cause between the same parties, being consolidated, the jury found a verdict for the plaintiff for nominal damages, upon which a. judgment was rendered. A bill of exceptions taken…
1Opinion of the CourtOrmond, J.
The bill of exceptions is so vague and un--certain, that it is difficult to say what point was intended to be presented in this Court. It is clear, however, that the Court erred in permitting the written memorandum of the contract to go to the jury as evidence. It is obviously an unfinished contract of the parties, 'which as it was never executed by either, is not binding on either, and was, therefore, no evidence of the contract between the parties.
A witness who has made a memorandum of facts, may refresh his memory by referring to it; and if by that means he obtains a recollection of the…
2Cited by6 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
- Mims v. SturdevantSupreme Court of Alabama · 1860
- Byars v. JamesSupreme Court of Alabama · 1922
- Stewart v. StateCourt of Criminal Appeals of Alabama · 1979
1 more not listed; retrieve them via the Exa API.