Davis v. Dickey
Supreme Court of Alabama
Error to the Circuit Court of Benton. 'Tried before the Hon. Geo. D. Shortridge. Appeal from a justice, on a. note for thirteen dollars made by Dickey, dated 25th November, 1848 and payable to Davis on the 25th November, 1849. The case, being under twenty dollars, was tried by the court, and the record show's that, after the introduction of the note, the defendant proved it was given for a clock, and then introduced a writing of which the following is a copy : “ This is to…
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Error to the Circuit Court of Benton. 'Tried before the Hon. Geo. D. Shortridge. Appeal from a justice, on a. note for thirteen dollars made by Dickey, dated 25th November, 1848 and payable to Davis on the 25th November, 1849. The case, being under twenty dollars, was tried by the court, and the record show's that, after the introduction of the note, the defendant proved it was given for a clock, and then introduced a writing of which the following is a copy : “ This is to certify' that the clock is to keep good time, and if it does not, I ana to make it do so, either by repairs or exchange…
1Opinion of the Court
GOLUTHWAITE, j.
The agreement ou tlie part oflhe plaintiff in error was, in legal effect, that if the clock, which formed the consideration of the note sued on, did not keep time, he would make it do so, either by repairing it, or giving another clock in exchange. Had Davis failed to comply with the agreement, it would have authorized Dickey to rescind, by pursuing the proper course, (McNair v. Cowper, 4 Ala.,) or, as the case was under twenty dollars and tried upon its equity, ho might have claimed an abatement upon the note to the extent of the damage ho had sustained by the failure of the…
2Cited by2 opinions
- Rice v. GilbreathSupreme Court of Alabama · 1898
- Jemison v. Woodruff & BeachSupreme Court of Alabama · 1859