Callan v. Anderson
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. A. H. Alston. This was an action of assumpsit brought by the appellee, J. F. Anderson, against T. E. Callan, to recover $100 alleged to be due as a balance of purchase money of lands sold by plaintiff to defendant.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. A. H. Alston. This was an action of assumpsit brought by the appellee, J. F. Anderson, against T. E. Callan, to recover $100 alleged to be due as a balance of purchase money of lands sold by plaintiff to defendant. The defendant pleaded the general issue and special pleas, in which he set up that tlie cause of action by the plaintiff for the amount due on the purchase money of the lands sold to the defendant was one entire cause of action and could not be split up into two or more suits; and that at the last term of the court the…
1Opinion of the Court
McOLELLAN, G. J.
As we understand the testimony of Gallan in regard to the payment of the two hundred dollars balance of the purchase price of the land, it contains two separable statements of facts; first, that the sum was to be paid in gross at one time and not in instalments of one hundred dollars or other amounts, and, second, that this lump sum was to be paid at his election either in December, 1898, or in December, 1899. The judgment in the former suit, begun after December, 1898, and before December, 1899, for one hundred dollars is confessedly conclusive that Callan was mistaken in his…
2Cases cited3 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Liddell v. ChidesterSupreme Court of Alabama · 1887
3Cited by6 opinions
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- Shell v. PittmanSupreme Court of Alabama · 1934
- Gravette v. Allen Graphite Co.Alabama Court of Appeals · 1911
- Jebeles & Colias Confectionery Co. v. Hutchinson & SonSupreme Court of Alabama · 1910
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