Courtland v. Tarlton
Supreme Court of Alabama
Writ of error to the Circuit Court of Mobile. This was an action of assumpsit, at the suit of the plaintiff in error against the defendants.
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Writ of error to the Circuit Court of Mobile. This was an action of assumpsit, at the suit of the plaintiff in error against the defendants. The facts of the case, so far as it is necessary to notice them, are substantially these, In the spring of 1836, the defendants engaged the plaintiff to sell for them three lots of land in the city of Mobile, agreeing to allow for his compensation what they sold for above certain limits prescribed; sales were made by the plaintiff for several thousand dollars more than the prescribed limits, and the purchasers notes passed to the defendants without…
1Opinion of the CourtCollier, C. J.
The letter in question was written by the defendant Tari ton alone, and commences with an. acknowledgment of the receipt of the plaintiff’s letters. .The writer says : «In replying to that part of your letter which refers to T. & B’s notes now unpaid, 1 would remark, that the consideration for which these notes were given, has in part failed. The property which you have sold to D. & A., only one note has been paid; that sold to B., one note has been paid ; and that sold to R. not one cent has been paid.” The question is then asked, if it would not be very hard for the defendants to b'e…
2Cited by3 opinions
- Doe ex dem. Saltonstall v. RileySupreme Court of Alabama · 1856
- Martin v. StateSupreme Court of Alabama · 1878
- Long v. RogersSupreme Court of Alabama · 1850