Erwin v. Erwin
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Son. Robebt Dougheety. The complaint in this case (the suit having been commenced in February, 1853) was as follows : “ The plaintiffs claim of the defendant the sum of $10,000, %sJjanages for the breach, of an agreement, entered iiit^íiBy'him on the first day of December, A. D. 1851,^^í4ubstance as follows : That if the plaintiffs would figsm and there buy out the store-house and lot, situate ijti^iSe town of…
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Appeal from the Circuit Court of Chambers. Tried before the Son. Robebt Dougheety. The complaint in this case (the suit having been commenced in February, 1853) was as follows : “ The plaintiffs claim of the defendant the sum of $10,000, %sJjanages for the breach, of an agreement, entered iiit^íiBy'him on the first day of December, A. D. 1851,^^í4ubstance as follows : That if the plaintiffs would figsm and there buy out the store-house and lot, situate ijti^iSe town of Cusseta, in the county of Chambers, and State;’of Alabama, then occupied by M. L. Erwin & Co. as a store-house," and the…
1Opinion of the Court
CHILTON, C. J. —
We should carefully distinguish between propositions, the acceptance of which amounts to a valid contract, and proposals to render a gratuitous kindness, which "are not designed to create legal obligations upon the parties. ' IFmay be, in many cases, difficult to discern the line which separates them ; it nevertheless exists. No general rules can be laid down as applicable to all cases, which may serve as a guide in arriving at the true construction of each proposal, and the intent and meaning of the parties in making it. Each case must depend upon its own peculiar…
2Cases cited1 opinion
- Kirksey v. KirkseySupreme Court of Alabama · 1845
3Cited by28 opinions
- Howard v. East Tenn., Va. & Ga. RailroadSupreme Court of Alabama · 1890
- Elmore, Quillian & Co. v. Parrish Bros.Supreme Court of Alabama · 1911
- Pulliam v. SchimpfSupreme Court of Alabama · 1895
- Shannon v. WisdomSupreme Court of Alabama · 1911
- Malone v. KelleySupreme Court of Alabama · 1875
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