Sanford v. Howard
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. Robert Dougherty. This action was broughtby Charles Sanford against George W. Howard, to recover the price of certain goods and merchandize, which were sold and delivered by plaintiff to the minor children of Jacob Mayberry, deceased, on the defendant’s verbal promise, which, as proved by plaintiff’s clerk, was in these words : “ Let tbe children of Jacob Mayberry, deceased, have any goods they wish, and charge…
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Appeal from the Circuit Court of Bibb. Tried before the Hon. Robert Dougherty. This action was broughtby Charles Sanford against George W. Howard, to recover the price of certain goods and merchandize, which were sold and delivered by plaintiff to the minor children of Jacob Mayberry, deceased, on the defendant’s verbal promise, which, as proved by plaintiff’s clerk, was in these words : “ Let tbe children of Jacob Mayberry, deceased, have any goods they wish, and charge them to the children separately, and I will pay for them at the end of the year, or as soon as the cotton crop is sold.”…
1Opinion of the CourtWalker, J.
Whether the defendant’s promise was within the statute of frauds, is one of the questions of this case. The promise, with its accompanying declarations, was as follows: “ Let the children of Jacob Mayberry, deceased, have any goods they wish, and charge them to the children separately ; and I will pay for them at the end of the year, or as soon as the cotton crop is sold.” This promise was a direct, and not a collateral undertaking, unless the direction to charge the children gives it a different aspect. — Rhodes v. Leeds, 3 St. & P. 212 ; Bates v. Starr, 6 Ala. 697 ; Oliver v. Hire &…
2Cases cited11 opinions
- Jones v. DawsonSupreme Court of Alabama · 1851
- Scott v. MyattSupreme Court of Alabama · 1854
- Puckett v. BatesSupreme Court of Alabama · 1842
- Kirkman, Abernathy & Hanna v. BenhamSupreme Court of Alabama · 1856
- Clealand v. WalkerSupreme Court of Alabama · 1847
6 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Gilliam v. BrownMississippi Supreme Court · 1871
- Horton v. StateSupreme Court of Alabama · 1875
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Hobbs v. StateSupreme Court of Alabama · 1883
34 more not listed; retrieve them via the Exa API.