Puckett v. Bates
Supreme Court of Alabama
Wkit of Error to the Circuit Court of Sumter County. Bates declared against Puckett on the common counts for work and labor, and for materials furnished in erecting a house. A verdict was found as upon issue joined, and judgment rendered thereon for the plaintiff. The defendant had a bill of exceptions sealed at the trial, which discloses the following facts.
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Wkit of Error to the Circuit Court of Sumter County. Bates declared against Puckett on the common counts for work and labor, and for materials furnished in erecting a house. A verdict was found as upon issue joined, and judgment rendered thereon for the plaintiff. The defendant had a bill of exceptions sealed at the trial, which discloses the following facts. Bates had contracted with one Kelly, to build a house for Kelly in Payneville, in Sumter county, for which Kelly agreed to pay as much as the house should be worth at the rate of charges usual in said county. Bates commenced the work,…
1Opinion of the CourtGoldthwaite, J.
The cases upon the clause of the statute of frauds, which relate to promises to answer for the debt, default or miscarriage of another, are said to relate either to the nature of the undertaking or to the nature of the con~ sideration on which the undertaking is founded.
The principal distinction, with respect to the undertaking, recognized by the Court, is between one that is original and one that is collateral. The law is certainly well established that if the person for whose debt, default or miscarriage the undertaking is made, be liable at all so that the whole responsibility does not…
2Cases cited1 opinion
- Young & Otis v. CovellNew York Supreme Court · 1811
3Cited by16 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Ellison v. Jackson Water Co.California Supreme Court · 1859
- Herrington v. Central Soya Co., Inc.Supreme Court of Alabama · 1982
- Board of Commissioners v. Cincinnati Steam Heating Co.Indiana Supreme Court · 1891
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