Tindall v. Collins
Supreme Court of Alabama
This was an action, brought by the defendant in terror, in the Circuit Court of Mobile, to recover on a joint contract, executed between Collins and his deceased partner Bebe, and Tindall and one Myers. The said Tindall and Myers had jointly contracted with Collins and Bebe for the performance of a job of work; and the action was to recover for a breach bf the agreement, which was not a covenant.
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This was an action, brought by the defendant in terror, in the Circuit Court of Mobile, to recover on a joint contract, executed between Collins and his deceased partner Bebe, and Tindall and one Myers. The said Tindall and Myers had jointly contracted with Collins and Bebe for the performance of a job of work; and the action was to recover for a breach bf the agreement, which was not a covenant. The writ was issued against both Tindall and Myers, but the same was executed on Tindall only. On the trial, the plaintiff below, filed a declaration, discontinuing as to Myers, and complaining…
1Opinion of the Court
By Mr. Justice Thornton.
This case is brought up by writ of error, from the Circuit Court of Mobile County, to reverse a judgment rendered therein against the plaintiff in error. There are many errors assigned; to any of which, except one, it is unnecessary to advert, as that is decisive of the whole case. The assignment referred-*18to, is, of a discontinuance of the cause of aciion by the plaintiff. The suit is brought against the defendant Tindall, and one William Myers, to recover damages for the breach of a written contract, said to have been entered into between the defendant in error, and…
2Cases cited2 opinions
- Adkins v. AllenSupreme Court of Alabama · 1827
- Thompson v. SaffoldSupreme Court of Alabama · 1830
3Cited by2 opinions
- Park v. EdgeSupreme Court of Alabama · 1868
- Norwood v. RossiterSupreme Court of Alabama · 1841