Russell v. Garrett
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Action by W. P. Russell, as administrator, against Eva F, Garrett, as executrix, for damages for breach of agreement. From judgment overruling demurrers to pleas, plaintiff takes nonsuit and appeals.
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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Action by W. P. Russell, as administrator, against Eva F, Garrett, as executrix, for damages for breach of agreement. From judgment overruling demurrers to pleas, plaintiff takes nonsuit and appeals. Written contract cannot be váried by oral agreements made at the sáme time. 98 Ala. 260, 13 South. 48; 81 Ala. 253. Where pledgee is not authorized to purchase collateral, sale to ■•him is voidable, and not void; an action to set aside sale must be taken within reasonable time thereafter. 21 R. C. L. 694; 55 Or. 14, 101 Pac.…
1Opinion of the CourtMiller, J.
On February 4, 1909 the Hayneville & Montgomery Railroad Company executed a note to Russell & Garrett for $12,-635, payable January 1, 1910, with interest from date, secured by 38 bonds of the railroad company in denominations of $1,000 each. On January 15, 1910, after the maturity of the note, C. W. Garrett sold his interest in the note to W. P. Russell under a written agreement, which is as follows':
“For and in consideration of one dollar to me in hand paid by W. P. Russell, and the payment of six thousand nine hundred two and 94/100 dollars to me for the joint note of the Hayneville &…
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