Lindsay v. McRae
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. A. T. Borders, Special Judge. This was an action brought by the appellees, W. and F. McRae, against the appellants, L. T. Lindsay and J. D. Lindsay, to recover damages for the alleged breach of a written agreement. The facts of the case and the rulings upon the evidence are sufficiently stated in the opinion..
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Appeal from the Circuit Court of Barbour. Tried before the Hon. A. T. Borders, Special Judge. This was an action brought by the appellees, W. and F. McRae, against the appellants, L. T. Lindsay and J. D. Lindsay, to recover damages for the alleged breach of a written agreement. The facts of the case and the rulings upon the evidence are sufficiently stated in the opinion.. Upon the hearing of all the evidence, the court instructed the jury, among other things, as follows : “I charge you that said contract in writing imports a sufficient consideration on its face.” To the giving of this charge…
1Opinion of the CourtColeman, J.
The appellees brought suit to recover damages for the breach of the following written agreement: “Louisville, Ala., Nov. 14th, 1890. On or before the first day of November, 1891, we promise to pay ■ to W. & F. McRae, or order, the sum of two hundred dollars, as sureties for D. A. Barlar ; but it is expressly agreed and understood that in case the said D. A. Barlar shall make any payments on a certain note by him this day executed for the said sum of two hundred dollars, payable one day after date to the said W. & F. McRae, said note being given in satisfaction of certain mortgage executed by…
2Cases cited4 opinions
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Foster v. NapierSupreme Court of Alabama · 1883
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Thornton v. GuiceSupreme Court of Alabama · 1882
3Cited by7 opinions
- Merritt v. CoffinSupreme Court of Alabama · 1907
- Dilworth v. Holmes Furniture & V. Co.Supreme Court of Alabama · 1913
- Dillworth v. Holmes Furn. & Vehicle Co.Alabama Court of Appeals · 1916
- Robinson v. Solomon Bros. Co.Supreme Court of Alabama · 1932
- Edwards v. BryanSupreme Court of Alabama · 1926
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