Henderson v. Hammond
Supreme Court of Alabama
ERROR to tho Circuit Court of Butler- Tried before the H011. Geo. Goldthwaite. Assumpsit by Hammond against Henderson, on a written ■contract, executed between the plaintiff on one part, and Hender■son and others on the second part, by which the plaintiff was •employed to teach a school for the term of one year, and Ilen-•tlerson and the other subscribers agreed to send to the school ■the number of scholars affixed opposite to their names.
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ERROR to tho Circuit Court of Butler- Tried before the H011. Geo. Goldthwaite. Assumpsit by Hammond against Henderson, on a written ■contract, executed between the plaintiff on one part, and Hender■son and others on the second part, by which the plaintiff was •employed to teach a school for the term of one year, and Ilen-•tlerson and the other subscribers agreed to send to the school ■the number of scholars affixed opposite to their names. Tho •contract expressed the duties of the teacher., and the rate of ■tuition, and the defendant agreed to send 'five scholars. The school was to be taught…
1Opinion of the Court
DARGAN, C, J.
This suit was brought on an agreement by which the plaintiff was employed by the defendant and others to teach a school for the term of one- year. The agreement specifies the duties of the teacher and the rates of tuition agreed to be paid for each student. The name of the defendant was subscribed to the articles of agreement, and opposite thereto was affixed the figure 5, intending to denote the number of students he engaged to send. The suit is brought to recover for the tuition of these five; and the defendant requested the court to charge the jury, that the agreement created…
2Cited by2 opinions
- Wilson & Griffith v. McCormickSupreme Court of Virginia · 1890
- McKee v. GriffinSupreme Court of Alabama · 1877