Jones v. Powell
Supreme Court of Alabama
Error to the Circuit Court of Coosa. Before the Hon. George Goldthwaite. Action of trespass on the case, by plaintiff, against defendant in error.
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Error to the Circuit Court of Coosa. Before the Hon. George Goldthwaite. Action of trespass on the case, by plaintiff, against defendant in error. The declaration describes the contract thus: “ that on the 10th day of November, 1845, the defendant represented to the plaintiff, that if he would remove with his family to Texas, he would be entitled to three hundred and twenty acres of land, and that in consideration that the plaintiff would remove there with his family by water, and would convey to defendant one half of the land, to which the plaintiff would become entitled by settling with his…
1Opinion of the CourtDargan, J.
We do not think that the declaration sets forth a valid, or binding contract between the parties. It commences by stating, that the defendant represented to the plaintiff, that by removing with his family to Texas, he would be entitled to three hundred and twenty acres of land; and that if plaintiff would remove to Texas with his family, by water, that the defendant would pay his expenses, provided he would convey to the defendant, one half of the land to which he would be entitled. It is not stated that the plaintiff accepted this proposition, nor that he did agree to remove with his family…
2Cases cited1 opinion
- Porter v. RoseNew York Supreme Court · 1815
3Cited by6 opinions
- Moss v. KingSupreme Court of Alabama · 1914
- Newton v. BrookSupreme Court of Alabama · 1901
- Brady v. GreenSupreme Court of Alabama · 1909
- McGowin Lumber & Export Co. v. R. J. & B. F. Camp Lumber Co.Supreme Court of Alabama · 1915
- Malone-Beal Mer. Co. v. GreerSupreme Court of Alabama · 1910
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