Morrow v. Campbell
Supreme Court of Alabama
■Error to the Circuit court of Morgan county. The plaintiff in error brought an action of covenant 'against the defendant, in the Circuit court of Morgan, upon an agreement under seal: which agreement, after reciting that the plaintiff, as the attorney in fact of 'George Gamble, had made to Charles W. Peters, a deed •to a patent machine (called the patent revolving washing machine,) for the Territory of Arkansas, bearing date on the fifteenth of March, eighteen hundred and…
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■Error to the Circuit court of Morgan county. The plaintiff in error brought an action of covenant 'against the defendant, in the Circuit court of Morgan, upon an agreement under seal: which agreement, after reciting that the plaintiff, as the attorney in fact of 'George Gamble, had made to Charles W. Peters, a deed •to a patent machine (called the patent revolving washing machine,) for the Territory of Arkansas, bearing date on the fifteenth of March, eighteen hundred and thirty-three, —proceeded as follows: — “Which deed is delivered by the said Hugh Morrow, agent as aforesaid, to the said…
1Opinion of the CourtCollier, C. J.
— The charge of the court 'supposes that a rescission of the contract was permissible without an actual return of the deed as provided by the agreement ; and even by a loss of the deed and notice thereof to the plaintiff, previous to the first day of October, eighteen hundred and thirty-three.
For the purpose of ascertaining what was to be done by the defendant and Peters, to relieve themselves from their obligation to pay the plaintiff the sum stipulated, regard must be had to the terms of agreement. It no where declares, that a mere loss of the deed, though the plaintiff be informed thereof…
2Cases cited1 opinion
- Perry v. HewlettSupreme Court of Alabama · 1837
3Cited by1 opinion
- Glover v. Taylor & Co.Supreme Court of Alabama · 1867