Merritt v. Coffin
Supreme Court of Alabama
Bill to Reform Contract mid Enforce Guaranty. Appeal from Jefferson Chancery Court. Heard before 1-Ion. Alfred H. Benners. Suit by W. H. Merritt against Harry Coffin, as trustee, and others. From a decree dismissing the bill as to defendant Coffin, as trustee, and sustaining demurrers as to the other defendants, complainant appeals. The contract referred to in the opinion in this case is in the following language: “State of Alabama, Jefferson County.
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Bill to Reform Contract mid Enforce Guaranty. Appeal from Jefferson Chancery Court. Heard before 1-Ion. Alfred H. Benners. Suit by W. H. Merritt against Harry Coffin, as trustee, and others. From a decree dismissing the bill as to defendant Coffin, as trustee, and sustaining demurrers as to the other defendants, complainant appeals. The contract referred to in the opinion in this case is in the following language: “State of Alabama, Jefferson County. Between the undersigned, Eclipse Rolling Mill & Manufacturing Company, a private corporation organized under the laws of the state of Alabama,…
1Opinion of the CourtAnderson, J.
There can he little or no doubt, as to the soundness of appellee’s insistence, that where the contract relied upon, is shown by the hill, to come within the statute of frauds, it is subject to demurrer.— Thompson v. New South Co., 135 Ala. 630, 34 South. 31, 62 L. R. A. 551, 93 Am. St. Rep. 49; Bolling v. Munchus, 65 Ala. 58; Phillipie v. Adams, 70 Ala. 373.
The most serious question presented by this appeal, is whether or not the contract, or rather what purports to be a guaranty by certain sureties, comes within the statute of frauds. — § 2152 of the Code of 1896. The original contract (and…
2Cases cited10 opinions
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Thompson v. New South Coal Co.Supreme Court of Alabama · 1902
- Phillips v. AdamsSupreme Court of Alabama · 1881
- Moses v. Lawrence County BankSupreme Court of the United States · 1893
- Walker v. ElledgeSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- American Casualty Company of Reading, Pa. v. DevineSupreme Court of Alabama · 1963
- Conoly v. HarrellSupreme Court of Alabama · 1913
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- McKleroy v. DishmanSupreme Court of Alabama · 1932
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.