Plowman v. Riddle
Supreme Court of Alabama
Error to the County Court of Talladega. Assumpsit by the defendant, against the plaintiffs in error. The plaintiff declared on a promissory note for three hundred dollars.
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Error to the County Court of Talladega. Assumpsit by the defendant, against the plaintiffs in error. The plaintiff declared on a promissory note for three hundred dollars. McLane appeared, and pleaded non assumpsit, failure of consideration, want of consideration, payment, set off, and a special plea, that by the note it was provided, that it might be discharged in good leather, one third in sole leather, at thirty cents per pound, one third in skirting and harness leather, at thirty-seven and a half cents per pound, and the other third in upper leather, priced in proportion to the sole and…
1Opinion of the CourtOrmond, J.
The last plea sets up as defence to the action, a condition of the contract, that the sum of money for which it was made, “ may be discharged in good leather; one third in sole leather, at thirty cents per pound, one third in harness or skirting leather, at thirty-seven and a half cents per pound, and the residue in upper leather priced in the same proportion,” and averred a readiness and willingness to deliver the leather, at the maturity of the note.
In the case of McMurray v. The State, 6 Ala. Rep. 324, this Court considered, at some length, the law arising upon contracts to deliver…
2Cases cited4 opinions
- McMurry v. StateSupreme Court of Alabama · 1844
- Thaxton v. EdwardsSupreme Court of Alabama · 1828
- M'Rae v. RaserSupreme Court of Alabama · 1839
- Beal & Bennett v. SnedicorSupreme Court of Alabama · 1839
3Cited by8 opinions
- Nesbitt v. Pearson's Adm'rsSupreme Court of Alabama · 1859
- Eppes v. Mississippi, Gainesville, & Tuskaloosa RailroadSupreme Court of Alabama · 1859
- Cummings v. DudleyCalifornia Supreme Court · 1882
- Nesbitt v. WareSupreme Court of Alabama · 1857
- Russell v. McCormickSupreme Court of Alabama · 1871
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