Dozier v. Duffee
Supreme Court of Alabama
Writ of error to the Circuit Court of Tuscaloosa County. THIS was an action of assumpsit, brought by the plaintiff in error against the defendant in error, as bearer of a promissory note, for five thousand, three hundred and seventy dollars, made to H. F. Arrington, or bearer, by the defendant in error.
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Writ of error to the Circuit Court of Tuscaloosa County. THIS was an action of assumpsit, brought by the plaintiff in error against the defendant in error, as bearer of a promissory note, for five thousand, three hundred and seventy dollars, made to H. F. Arrington, or bearer, by the defendant in error. The defendant below pleaded non assumpsit, payment, set-off, want of consideration, and failure of consideration; and at the trial below, the plaintiff had judgment for five thousand five hundred and sixty and ninety-five onehundredths dollars. During he trial a bill of exceptions was taken…
1Opinion of the CourtOrmond, J.
— This action is brought on a promissory note, Which from the testimony in the cause, it appears was part of the consideration of the purchase of a tract of land.
From the proof offered by the defendant below, it appears that at the treaty between the parties, the land was estimated at twelve dollars and fifty cents per acre; and that by a computation at that price, the entire sum agreed to be paid, was ascertained: and that both parties were under a mistake, as to the number of acres contained in one of the parcels, and by the direction of the court, the jury deducted the amount of the excess…
2Cited by6 opinions
- Hodges v. DennySupreme Court of Alabama · 1888
- Winston v. BrowningSupreme Court of Alabama · 1878
- Carter v. BeckSupreme Court of Alabama · 1867
- Frederick v. YoungbloodSupreme Court of Alabama · 1851
- Bankhead v. JacksonSupreme Court of Alabama · 1952
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