Vann v. Lunsford
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by George Lunsford, against Samnel G. Painter, W. J. Vann, and John M. Thompson, to recover damages for the breach of a written contract in the form of a penal bond, which is set out in the opinion of the court; and was commenced oil the 4th January, 1888. The assignments of error embrace rulings of the court below on the pleadings and evidence, charges given, and refusal of…
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by George Lunsford, against Samnel G. Painter, W. J. Vann, and John M. Thompson, to recover damages for the breach of a written contract in the form of a penal bond, which is set out in the opinion of the court; and was commenced oil the 4th January, 1888. The assignments of error embrace rulings of the court below on the pleadings and evidence, charges given, and refusal of charges asked. (1) All the terms and stipulations of the contract are clearly expressed in the writing, and the court…
1Opinion of the CourtColeman, J.
The suit was brought to recover damages for the breach of the following contract, which was executed and dated on the 23d April, 1887:
“Whereas, Samuel G. Painter has this day sold to George Lunsford that certain two-story frame residence, with the other improvements, situated on the north-east corner of 3d Avenue, north, and 23d Street, and known as the Lane residence, in the city of Birmingham, Ala., with the exception of the servants’ house and stable on said lot, but including the privy, fence, shrubbery, &c., at and for the sum of three thousand dollars in hand paid by the said Lunsford…
2Cases cited11 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Baldwin v. MunnNew York Supreme Court · 1829
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Giddens v. BollingSupreme Court of Alabama · 1890
- Halsey v. MurraySupreme Court of Alabama · 1895
5 more not listed; retrieve them via the Exa API.