Moore v. Whitmire
Supreme Court of Alabama
Appeal from Birmingham City Court. ' Heard before Hon. William M. Walker, Special Judge. Action by H. T. Moore against C. S. Whitmire for breach of contract and for deceit. Judgment for defendant, and plaintiff appeals.
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Appeal from Birmingham City Court. ' Heard before Hon. William M. Walker, Special Judge. Action by H. T. Moore against C. S. Whitmire for breach of contract and for deceit. Judgment for defendant, and plaintiff appeals. Count 1 is for the breach of the following agreement: “It is agreed between H. T. Moore and C. S. Whitmire as follows: Moore is to transfer to Whitmire lot 4, block 9 E., East Lake Land Company survey, 50x100 feet, in consideration of a transfer to him by Whitmire of the following: 540 acres of land in sections 24 and 25, township 18, range 1 east, situated in Shelby county.…
1Opinion of the CourtSomerville, J.
Count 2 of the complaint, which is in case for deceit, was not, as amended, subject to any of the specified grounds of demurrer. To support this phase of the complaint it was not necessary that the transaction out of which the deceit arose should have been evidenced by a Avriting. And, even if the substantive law were otherwise, it is never necessary for the complaint to allege or show a Avriting in conformity with the requirements of the statute of frauds. The absence of such a writing is matter only of defense, unless affirmatively apparent on the face of the complaint, as has been many…
2Cases cited4 opinions
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Butler v. KentSupreme Court of Alabama · 1907
- Mayor of Columbus v. RodgersSupreme Court of Alabama · 1846
- Espalla & Haynie v. Wilson, Sage & Co.Supreme Court of Alabama · 1888
3Cited by2 opinions
- John R. Thompson & Co. v. VildibillSupreme Court of Alabama · 1924
- Tidmore v. HandySupreme Court of Alabama · 1964