Sprague v. Morgan
Supreme Court of Alabama
Writ of error to tiro Circuit Court of Dallas. Assumpsit by Morgan and wife against Sprague and wife, on the common counts. At' the trial, on the general issue, the plaintiffs proved certain services, as a teacher, rendered by the wife of the plaintiff whilst sole, to the defendants after their.iiitermarriage, the contract for which was made by the wife of the defendant whilst sole.
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Writ of error to tiro Circuit Court of Dallas. Assumpsit by Morgan and wife against Sprague and wife, on the common counts. At' the trial, on the general issue, the plaintiffs proved certain services, as a teacher, rendered by the wife of the plaintiff whilst sole, to the defendants after their.iiitermarriage, the contract for which was made by the wife of the defendant whilst sole. There was also evidence tending to show, that those services were rendered on a special contract, which was entire, providing that the pupils to be taught should go a full session, and a gross sum to be paid…
1Opinion of the CourtGoldthwaite, J.
1. The question is not, whether the husband defendant could have been sued below, as upon the ratification of the contract of his wife, in consequence of the acceptance of the services, but is, whether both are liable to this form of action, by reason of the wife’s contract. We think they were so liable; for, although the services were to be rendered after the contract, the wife was bound by it; and although the breach was after the marriage, it was the breach of her contract, in precisely the same manner as if when sole *954she had given a note, which, falling due after the marriage, the husband…
2Cited by12 opinions
- Holloway v. TalbotSupreme Court of Alabama · 1881
- Gillis v. WhiteSupreme Court of Alabama · 1925
- Snedicor v. LeachmanSupreme Court of Alabama · 1846
- Ramey v. HolcombeSupreme Court of Alabama · 1852
- Cleveland v. TowleSupreme Court of Alabama · 1925
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