Hunter v. Waldron
Supreme Court of Alabama
Writ of error to the Circuit Court of Dallas. The defendant in error declared against the plaintiff in in-debitatus assumpsit. The cause was tried upon the pleas of non-assumpsit, payment, set off, failure of consideration, &c.; a verdict was returned for the plaintiff for the sum of five hundred and fifty-five 78-100 dollars; and judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the Court.
Read the full summary
Writ of error to the Circuit Court of Dallas. The defendant in error declared against the plaintiff in in-debitatus assumpsit. The cause was tried upon the pleas of non-assumpsit, payment, set off, failure of consideration, &c.; a verdict was returned for the plaintiff for the sum of five hundred and fifty-five 78-100 dollars; and judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the Court. From the hill of exceptions it appears, that the plaintiff was to attend to the business of the defendant, as an overseer upon his plantation, for the year 1842, for…
1Opinion of the CourtCollier, C. J.
— In Greene v. Linton, et al. 7 Porter’s Rep. 133, the plaintiff stipulated that he would render service for the defendants for twelve months, alledged its performance for eight, and his sickness for four months; thus excusing a compliance in tofo. But this Court said that the contract contained no implied condition that the plaintiff should continue in health each day of the entire year, and his right to compensation did not depend on any such contingency; and it would be unjust to the defendants to compel them to pay for the whole time, when the plaintiff had been incapacitated by disease…
2Cases cited1 opinion
- Givhan v. Dailey's Admr'xSupreme Court of Alabama · 1842
3Cited by13 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Jones v. DeyerSupreme Court of Alabama · 1849
- Dryer v. LewisSupreme Court of Alabama · 1877
- Atlanta Life Ins. Co. v. CanadySupreme Court of Alabama · 1932
- Robinson v. BullockSupreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.