Johnson's Adm'r v. Sellers' Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Gill Shorter. This action was brought by Lucius B. Johnson, (and afterwards revived in the name of his administrator,) against the administratrix of Calvin C. Sellers, deceased; and was founded on a verbal contract, which is thus described in the compla/int: “ In consideration that plaintiff and his wife would discontinue teaching school in the Dallas Academy atf Smlma, and leave and abandon all their…
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Gill Shorter. This action was brought by Lucius B. Johnson, (and afterwards revived in the name of his administrator,) against the administratrix of Calvin C. Sellers, deceased; and was founded on a verbal contract, which is thus described in the compla/int: “ In consideration that plaintiff and his wife would discontinue teaching school in the Dallas Academy atf Smlma, and leave and abandon all their interest in said academy, and in the lot on which ti was located, and all their then existing engagements in reference to…
1Opinion of the Court
WALKER, J.—
The counsel for the appellant only contends, that the first, fourth, ninth, and tenth charges given, are erroneous ; and we will, therefore, confine our attention to them. Upon the first charge it is not necessary that we should pass, as the question made upon it will not probably again arise.
The court erred in giving the 4th charge. The contracting parties are not bound beyond the stipulations of' the contract. One of the parties is not bound to perform an act, not within the stipulations of the contract, because it was understood by the other party that he would perform it, and…
2Cases cited6 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Lattimore v. HarsenNew York Supreme Court · 1817
- Sanford v. HowardSupreme Court of Alabama · 1857
- Thomason v. DillSupreme Court of Alabama · 1857
- Whiteside v. JenningsSupreme Court of Alabama · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Jones v. LanierSupreme Court of Alabama · 1916
- Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
- Humes v. Decatur Land Im. & Furnace Co.Supreme Court of Alabama · 1893
6 more not listed; retrieve them via the Exa API.