Daniel v. Hughes
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by William H. Daniel against R. J. Hughes in assumpsit. Judgment for defendant and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by William H. Daniel against R. J. Hughes in assumpsit. Judgment for defendant and plaintiff appeals. The amended count A is as follows: Plaintiff claims of defendant $1,500 damages for the breach of an agreement entered into by him heretofore, to-wit, December 17, 1910, by which defendant promised in consideration of the settlement of the controversy between plaintiff and defendant to pay plaintiff $900 thereafter, to-wit, on December 19, 1910, in settlement of said controversy, and which offer plaintiff then and…
1Opinion of the CourtAnderson, C. J.
Practically every question presented.on this appeal was settled adversely to appellant’s contention upon former appeal (187 Ala. 41, 65 South. 518), with perhaps the exception as to the plaintiff’s right to recover under counts A and B, brought in the case by amendment at the last trial, and which were not considered upon the former appeal; the question being merely alluded to in a general way. These amended counts A and B, proceed upon the theory of a promise by the defendant to pay a fixed sum, in settlement of a dispute or controversy between the plaintiff and defendant, but neither of…
2Cases cited8 opinions
- Burleson v. MaysSupreme Court of Alabama · 1914
- Hughes v. DanielSupreme Court of Alabama · 1914
- Ivy Coal & Coke Co. v. LongSupreme Court of Alabama · 1903
- Thompson v. HudginsSupreme Court of Alabama · 1896
- Crawford v. EngramSupreme Court of Alabama · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- City Street Improvement Co. v. PearsonCalifornia Supreme Court · 1919
- Singer Sewing Machine Co. v. TeasleySupreme Court of Alabama · 1916
- Lauderdale County Cooperative, Inc. v. LansdellSupreme Court of Alabama · 1955
- O'Rear v. SuttonSupreme Court of Alabama · 1927