Park-Robertson Hardware Co. v. Copeland
Alabama Court of Appeals
Appeal from Tuscaloosa Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by the Park-Robertson Hardware Company against Marvin Copeland. Judgment for defendant, and plaintiff appeals. The complaint contained the common counts and counts claiming for goods, wares and merchandise sold by plaintiff to Andrew Johnson at the request of defendant, and on defendant’s credit alone; such counts stating the facts as shown by the facts set out in the opinion.
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Appeal from Tuscaloosa Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by the Park-Robertson Hardware Company against Marvin Copeland. Judgment for defendant, and plaintiff appeals. The complaint contained the common counts and counts claiming for goods, wares and merchandise sold by plaintiff to Andrew Johnson at the request of defendant, and on defendant’s credit alone; such counts stating the facts as shown by the facts set out in the opinion. The court erred in giving charges 1 and 2 at the request of defendant. — Bates v. B’ham P. & Q-. Go., 143 Ala. 198. Counsel discuss…
1Opinion of the CourtThomas, J.
Generally, any promise to pay another’s debt, which is not discharged or released by the terms of the promise, or other contemporaneous arrangement, is void as obnoxious to the statute of frauds (Code, 4289, subd. 3), unless in writing, expressing the consideration, and subscribed by the party sought to be charged.
“To this rule there are exceptions. A party may make a valid oral contract, which operates to create a new debt of his own, if founded on a new and independent consideration, though the effect of the payment is to pay another’s debt. In order, however, to have this effect, the…
2Cases cited21 opinions
- Keel v. LarkinSupreme Court of Alabama · 1882
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Wells v. CodySupreme Court of Alabama · 1895
- Strickland & Co. v. Lesesne & LaddSupreme Court of Alabama · 1909
- Purcell's Adm'r v. MatherSupreme Court of Alabama · 1860
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Goza v. GozaCourt of Civil Appeals of Alabama · 1985
- Broadwell v. ImmsAlabama Court of Appeals · 1915
- Robinson v. Solomon Bros. Co.Supreme Court of Alabama · 1934
- Weil v. CenterfitSupreme Court of Alabama · 1918
- Tillery v. PriceSupreme Court of Alabama · 1931
1 more not listed; retrieve them via the Exa API.