Hunt v. Stockton Lumber Co.
Supreme Court of Alabama
Bill in Equity for an Accountioig, aoid for the Specific Per-foronance of a Contract. Appeal from the Chancery Court of Mobile. The original bill in this case was filed on April 20, 1891, by the appellant, Henry J. Hunt, against the ap-pellee, the Stockton Lumber Company, and against George W. Robinson and Benjamin J. McMillan, partners under tlie firm name and style of* Robinson & McMillan.
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Bill in Equity for an Accountioig, aoid for the Specific Per-foronance of a Contract. Appeal from the Chancery Court of Mobile. The original bill in this case was filed on April 20, 1891, by the appellant, Henry J. Hunt, against the ap-pellee, the Stockton Lumber Company, and against George W. Robinson and Benjamin J. McMillan, partners under tlie firm name and style of* Robinson & McMillan. The following facts were averred in the bill: On January 6, 1877, Henry J. Hunt and one W. H. Silver, as executor of the last will and testament of Joseph Silver, deceased, entered into a written…
1Opinion of the CourtColeman, J.
On the 2d day of June, 1883, the following agreement was entered into between the ap*395pellant, Henry J. Hunt, and a partnership styled Robinson & McMillan :
“This memorandum of agreement, made at Stockton, Ala., on the 2d day of June, 1888, between Robinson & McMillan of the first part, and H. J. Hunt of tlie second part, all of Baldwin County, Alabama, witnesseth:
“That Robinson & McMillan agree to pay two notes due the Jos-. Silver estate by H. J. Hunt, the first note now due of two thousand and five hundred dollars ($2,500), and second note due twelve months from date, for three thousand…
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