Kirksey v. Fike
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. James B. Clare. This bill was filed by Isaac Kirksey against Harlan Eike, and alleged,'substantially, the following facts : In November, 184T, Kirksey and Eike entered into co-partnership in the tanning business, but did not commence their operations until the fall of 1848. By the terms of the partnership, which were reduced to writing, and which are alleged to have been destroyed by Eike, Kirksey was to put…
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Appeal from the Chancery Court of Talladega. Heard before the Hon. James B. Clare. This bill was filed by Isaac Kirksey against Harlan Eike, and alleged,'substantially, the following facts : In November, 184T, Kirksey and Eike entered into co-partnership in the tanning business, but did not commence their operations until the fall of 1848. By the terms of the partnership, which were reduced to writing, and which are alleged to have been destroyed by Eike, Kirksey was to put in a negro man to work against Eike ; and they were to open the yard, sink the vats, erect all necessary buildings, and…
1Opinion of the CourtGrOLDTHWAITE, J.
The bill cannot be sustained under the act of 5th February, 1846, (Acts 1845-6, IT,) as there is no indebtedness to any specific amount charged, nor any affi- ' *386davit that any particular sum is due. — McGown v. Sprague, 23 Ala. 524.
We think, however, it can be sustained for the purpose of specifically enforcing the award. It is true, that if the damages resulting from the failure of Fike to perform were capable of being exactly measured,- and complete redress could be afforded at law, equity would not interfere. — Story’s Equity, (3 ed.) §§ 717a, 718; Savary v. Spence, 13 Ala. 561. In the…
2Cases cited2 opinions
- McGown v. SpragueSupreme Court of Alabama · 1853
- Savery v. SpenceSupreme Court of Alabama · 1848
3Cited by9 opinions
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- Black v. WoodruffSupreme Court of Alabama · 1915
- Southern Iron & Equipment Co. v. VaughanSupreme Court of Alabama · 1918
- Ex Parte Birmingham Fire Ins. Co.Supreme Court of Alabama · 1937
- Smith v. MooreSupreme Court of Alabama · 1859
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