Standifer v. White
Supreme Court of Alabama
Writ of Error to the County Court of Sumter. Debt by White against Standifer. The declaration contains two counts, the first of which is op a bill single, made by the defendant, on the 31st January, 1840, payable to High & Travis, for f 1101 26, one day after its date, and assigned to the plaintiff, by the said High & Travis, on the 19th May, 1840. The second is on a bill single, made by High & Travis, payable to one John Hawkins, and by him assigned to High & Travis, and by…
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Writ of Error to the County Court of Sumter. Debt by White against Standifer. The declaration contains two counts, the first of which is op a bill single, made by the defendant, on the 31st January, 1840, payable to High & Travis, for f 1101 26, one day after its date, and assigned to the plaintiff, by the said High & Travis, on the 19th May, 1840. The second is on a bill single, made by High & Travis, payable to one John Hawkins, and by him assigned to High & Travis, and by them to the plaintiff. The defendant pleaded — 1. Nil debit. 2. A special plea in the terms following, to wit: Actio…
1Opinion of the Court
GOLDTHY7AITE, J.
1. This plea is clearly bad, within the case of Deshler v. Hodges, 3 Ala. Rep. 509, where we say, if a plea profess to answer more than it afterwards answers, the whole plea is bad, and the plaintiff may demur. Here the plea is to the entire action, and yet only answers one count.
2. But it is bad for auother reason, if we are to consider it as setting up the final agreement not to sue, made with High & Travis, when the defendant executed the bill single. The rule is, that contracts under seal cannot be modified or discharged by unexecuted parol agreements, whether made at the…
2Cases cited3 opinions
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- McNair v. CooperSupreme Court of Alabama · 1843
- Deshler v. HodgesSupreme Court of Alabama · 1842
3Cited by6 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Intendant of Livingston v. PippinSupreme Court of Alabama · 1858
- Peoples Shoe Co. v. SkallySupreme Court of Alabama · 1916
- Galbreath v. ColeSupreme Court of Alabama · 1878
- Johnson v. WashburnSupreme Court of Alabama · 1893
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