McLaren, Ragan & Co. v. Bradford
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. Nat. Coos. TRESPASS on the case by McLaren, Ragan & Co., late partners and proprietors of a steam saw-mill, against Joseph W. Bradford, to recover damages sustained by plaintiffs by reason of defendant’s violation and breach of his written contract, dated Macon county, June 11,1841, of which the following is a copy : “ I hereby sell to McLaren, Ragan & Co. all the timber owned by me, suitable for saw logs, on the…
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Appeal from the Circuit Court of Macon. Tried before the Hon. Nat. Coos. TRESPASS on the case by McLaren, Ragan & Co., late partners and proprietors of a steam saw-mill, against Joseph W. Bradford, to recover damages sustained by plaintiffs by reason of defendant’s violation and breach of his written contract, dated Macon county, June 11,1841, of which the following is a copy : “ I hereby sell to McLaren, Ragan & Co. all the timber owned by me, suitable for saw logs, on the place on which I now live, being three hundred and twenty acres, not including what is now under fence, in consideration…
1Opinion of the CourtChilton, C. J.
—Whether this declaration be considered as in an action ex contractu, or ex delicto — whether in as-sumpsit, for the breach of the written contract made by Bradford, or in case, for a tortious breach of duty growing out of such contract — we arc of opinion, that in neither aspect can it be supported.
Although it contains a general averment, that the defendant did not, nor would, ever suffer and permit the plaintiffs to cut and carry away all the timber, &c., yet the plaintiffs go on to particularize how they were prevented, and, upon a fair construction of their pleading, clearly show, that…
2Cases cited2 opinions
- Garrett v. LoganSupreme Court of Alabama · 1851
- Spivey v. McGeheeSupreme Court of Alabama · 1852
3Cited by5 opinions
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- Miller v. WoodSupreme Court of Alabama · 1952
- Reynolds v. CarterSupreme Court of Alabama · 1858