Givhan v. Dailey's Admr'x
Supreme Court of Alabama
WRIT of Error to the Circuit Court of Lowndes. The defendant in error, as the administratrix-of William H. Dailey, deceased, declared against the plaintiff in assumpsit— 1. Upon a promissory note for the payment of four hundred and six 94-100 dollars. 2. For services rendered by the intestate as an overseer. 3. For work and labor done,&c. The cause was tried by a jury, and at the trial, the defendant below excepted to the ruling of the presiding Judge.
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WRIT of Error to the Circuit Court of Lowndes. The defendant in error, as the administratrix-of William H. Dailey, deceased, declared against the plaintiff in assumpsit— 1. Upon a promissory note for the payment of four hundred and six 94-100 dollars. 2. For services rendered by the intestate as an overseer. 3. For work and labor done,&c. The cause was tried by a jury, and at the trial, the defendant below excepted to the ruling of the presiding Judge. From the bill’ of exceptions it appears, that evidence was adduced to show that the intestate served the defendant during the year 1838, as an…
1Opinion of the CourtCollier, C. J.
It is an admitted principle of the common law, that where a party engages absolutely to do an act, the performance is not excused by inevitable accident, or other contingency not provided for by the contract of the parties. The rule is otherwise where the law casts a duty on the party ; there the performance shall be excused, if rendered impossible by the interposition of Providence. [Chitty on Con. 4 Am. ed. 567, and cases there cited; Shubrick v. Salmond, 3 Burr. Rep. 1637; Parker v. Hodgson, 3 M. & S. Rep. 267; 4 Dane’s Ab. 469; 3 id. 601.]
In Perry v. Hewlett, [5 Porter’s Rep. 308,] the…
2Cases cited8 opinions
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3Cited by11 opinions
- Dryer v. LewisSupreme Court of Alabama · 1877
- Patrick v. PettySupreme Court of Alabama · 1887
- Hunter v. WaldronSupreme Court of Alabama · 1845
- Hall v. GoodsonSupreme Court of Alabama · 1858
- Glover v. Taylor & Co.Supreme Court of Alabama · 1867
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