McKeen v. Harwood
Supreme Court of Alabama
Error to' the Circuit Court of Mobile. Before the Hon,John Bragg. ■ •' :- This was an action of trespass on the ¡case, instituted by defendant, against plaintiffs in error.
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Error to' the Circuit Court of Mobile. Before the Hon,John Bragg. ■ •' :- This was an action of trespass on the ¡case, instituted by defendant, against plaintiffs in error. By the bill of exceptions, found in the. record, it appears, that Harwood applied to Sidney Smith,, and John Bloodgood, to-rent from -them stores,'respectively owned by them, and obtained from.each the refusal of his storey at the price placed upon ity- that is} Smith’s; at $1,200, and Bloodgood’s, at $1,500, . McKeen- fy Bro. also applied to Smith and Bloodgood, for the purpose of renting, and were -informed by each, that…
1Opinion of the CourtChilton, J.
It is perfectly' clear, in this case, that- had Harwood sued either Bloodgood, or Sniith, for a refusal, bn their part, to comply with the promise which-they had respectively made, to him, to give him the -refusal of renting the stores owned- by them, at the prices stipulated, he could not have recovered ; for the promise was not only without any consideration, but wanted another essential element of a valid agreement — mutuality. And this is the gist of the decision, 'up'on which the plaintiff in error mainly relies, in the case of Burnett v. Bisco, 4 Johns Rep. 234. In that-case, there was…
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