Williams v. Evans
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before the Hon. Jas. E. Dowdell. This action was brought by H. G. Evans against E. M. Williams, to recover the price agreed to be paid for fifty shares of stock in the Decatur Land and Improvement Company; and was commenced on the 23d January, 1888. The original complaint contained a special count on the written instrument, in the form of a bill of exchange, which was given for the agreed price, alleging its non-payment on…
Read the full summary
Appeal from the Circuit Court of Elmore. Tried before the Hon. Jas. E. Dowdell. This action was brought by H. G. Evans against E. M. Williams, to recover the price agreed to be paid for fifty shares of stock in the Decatur Land and Improvement Company; and was commenced on the 23d January, 1888. The original complaint contained a special count on the written instrument, in the form of a bill of exchange, which was given for the agreed price, alleging its non-payment on presentment to the drawee, and the common counts; and a third count was added by amendment, which set out the terms of the…
1Opinion of the CourtSomerville, J.
Upon first consideration, we were of opinion that the contract sued on in this case was not illegal, or invalid, as in violation of public policy. But, after further deliberation, we have come to the opposite conclusion.
It is too plain for argument that, under the evidence, if the plaintiff can recover at all, it must be under the third count, which claims the price agreed to be paid for the sale of fifty shares of stock in the Decatur Land Company. The bill of exceptions sets out all the evidence, and this evidence, in our opinion, shows a contract in violation of section 6, Article XIV, of…
2Cases cited3 opinions
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Peoria & Springfield Railroad v. ThompsonIllinois Supreme Court · 1882
- Fitzpatrick v. Dispatch Publishing Co.Supreme Court of Alabama · 1887
3Cited by21 opinions
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Kirkup v. Anaconda Amusement Co.Montana Supreme Court · 1921
- Tutwiler v. Tuskaloosa Coal, Iron & Land Co.Supreme Court of Alabama · 1889
- Webster v. Webster Refining Co. of OkmulgeeSupreme Court of Oklahoma · 1912
16 more not listed; retrieve them via the Exa API.