Lamar v. King
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. James J. Ray. Assumpsit by J. L. King against Howard Lamar. Judgment for plaintiff and defendant appeals. The evidence discloses that the plaintiff only relied for recovery upon a special contract.
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Appeal from Walker Circuit Court. Heard before Hon. James J. Ray. Assumpsit by J. L. King against Howard Lamar. Judgment for plaintiff and defendant appeals. The evidence discloses that the plaintiff only relied for recovery upon a special contract. It was necessary in order for judgment to he properly rendered in his favor that the evidence show that all the terms of such special contract had been met and that under such special contract he was entitled to recover. — Anderson v. English, 121 Ala. 277, 25 So. 748. The parts of the oral charge which were objected to by appellant were upon the…
1Opinion of the CourtSayre, J.
It appeared in the evidence without contradiction that no money came into the hands of Lamar as the result of his and plaintiff’s joint enterprise which the latter was entitled to receive ex equo bono. And the court’s general oral charge to the jury, as well as special charges in writing given on request of the defendant, show conclusively that the trial court so considered and treated the case. So will we. But the insistence Avas and is that the case was properly submitted to the decision of the jury on the issue Avhether defendant had made a promise to pay plaintiff the round sum of $1,000…
2Cases cited5 opinions
- Andrews v. StateSupreme Court of Alabama · 1909
- Lewis Land & Lumber Co. v. Interstate L. Co.Supreme Court of Alabama · 1909
- Southern Mutual Ins. v. Holcombe's AdministratorSupreme Court of Alabama · 1859
- Ala. & Tenn. Rivers Railroad v. NaborsSupreme Court of Alabama · 1861
- Ala. Midland Railway Co. v. CoskrySupreme Court of Alabama · 1890
3Cited by32 opinions
- Forest Hill Corp. v. Latter & Blum, Inc.Supreme Court of Alabama · 1947
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
- Barfield v. EvansSupreme Court of Alabama · 1914
- Catts v. PhillipsSupreme Court of Alabama · 1928
- New York Life Ins. Co. v. MasonSupreme Court of Alabama · 1938
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