Ramey v. Holcombe
Supreme Court of Alabama
Error to tbe Circuit Court of Cherokee. Tried before tbe Hon. L. P. Walker. COVENANT by Holcombe against Ramey, fox a breach of tbe following contract: “A contract, made this 2d day of July, 1844, between WiHiam Ramey and Benjamin Holcombe; First, tbe said Benjamin Holcombe undertakes to feed and have attended to 'tbe back horses of tbe said Ramey, for a term of time to expire tbe 1st July, 1846, at tbe price and rate of one hundred and fifty dollars per year; and tbe said…
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Error to tbe Circuit Court of Cherokee. Tried before tbe Hon. L. P. Walker. COVENANT by Holcombe against Ramey, fox a breach of tbe following contract: “A contract, made this 2d day of July, 1844, between WiHiam Ramey and Benjamin Holcombe; First, tbe said Benjamin Holcombe undertakes to feed and have attended to 'tbe back horses of tbe said Ramey, for a term of time to expire tbe 1st July, 1846, at tbe price and rate of one hundred and fifty dollars per year; and tbe said Holcombe binds himself to treat tbe said horses as well as stage horses are usually treated, and to bave tbe said borses…
1Opinion of the CourtGoldthwaite, J.
— Upon authority it is well settled, that where a contract is made for personal and individual services, as in the case of clerks, overseers, agents, &c., at a stipulated price, and for a specific period, the party whose services are thus engaged, upon being discharged by the other party without cause, before the expiration of the term of his engagement, may recover the amount agreed to be paid for the entire term. Sprague v. Morgan, 7 Ala., 952; Davis v. Ayers, 9 ib., 292 ; Martin v. Everett, 11 ib., 375. He is not compelled to treat the contract as ended by the act of the opposite party,…
2Cases cited3 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- George v. Cahawba & Marion Rail RoadSupreme Court of Alabama · 1845
- Sprague v. MorganSupreme Court of Alabama · 1845
3Cited by11 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Fail v. McReeSupreme Court of Alabama · 1860
- Robinson v. BullockSupreme Court of Alabama · 1880
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