Stevens v. Hertzler
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heal’d before the Hon. William H. Simpson. The bill in this case was filed on May 11, 1896, by the appellant, James E. Stevens, against the appellee, John Hertzler, Jr., and as amended evened the following facts : The defendant and others, being the owners of stock in the Hagey Hospital Association of Texas, executed to the complainant, on January 8, 1894, a written contract, in which they recited that they were desirous of selling…
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Appeal from the Chancery Court of Madison. Heal’d before the Hon. William H. Simpson. The bill in this case was filed on May 11, 1896, by the appellant, James E. Stevens, against the appellee, John Hertzler, Jr., and as amended evened the following facts : The defendant and others, being the owners of stock in the Hagey Hospital Association of Texas, executed to the complainant, on January 8, 1894, a written contract, in which they recited that they were desirous of selling their respective and several holdings of said stock, and “That for and in consideration of the sum of ten dollars to us…
1Opinion of the Court
McCLELLAN, J. —
We are not of opinion that the change in the language of the paper dated January 16, 1894, for which the bill prays by way of reforming the 'writings now evidencing the contract between the parties, would be without effect upon the legal construction and meaning of the writings. The two. papers, of January 8th and 16th, respectively, as .acted upon the -former by the latter, import a promise by Stevens to pay Hertzler $25.92 per share for.forty-nine shares of certain stock, belonging to Hertzler, but then in the possession of Stevens, unless the same should be returned to…
2Cases cited13 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Stone v. HaleSupreme Court of Alabama · 1850
- French v. GarnerSupreme Court of Alabama · 1838
- Bryan v. CowartSupreme Court of Alabama · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hauser v. Foley & Co.Supreme Court of Alabama · 1914
- Hertzler v. StevensSupreme Court of Alabama · 1898
- Phoenix Chair Co. v. DanielSupreme Court of Alabama · 1934
- Bradford v. National Surety Co.Supreme Court of Alabama · 1922
- Bros. v. RussellSupreme Court of Alabama · 1916
5 more not listed; retrieve them via the Exa API.