Hart v. Bludworth
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. The complaint in this case was in the following words : — “ The plaintiff claims of the defendants the sum of fifteen hundred dollars, as damages for the failure to comply with the following special contract, which was entered [into] in writing by the defendants with plaintiff, on the 28d day of October, 1865, to wit: The defendants, for a valuable consideration, promised to deliver to…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. The complaint in this case was in the following words : — “ The plaintiff claims of the defendants the sum of fifteen hundred dollars, as damages for the failure to comply with the following special contract, which was entered [into] in writing by the defendants with plaintiff, on the 28d day of October, 1865, to wit: The defendants, for a valuable consideration, promised to deliver to plaintiff, in the city of Eufaula, County of Barbour, and State of Alabama, on the first day of October, 1868, ten bales of…
1Opinion of the CourtB. F. Saffold, J.
— The demurrer to the complaint ought to have been sustained. A breach of an independent covenant or agreement is not sufficiently assigned by alleging that the defendants “ have failed and refused to comply with their said contract.” The defendants are not apprised in what particular they have failed. The defect is not cured by the averment “ that said cotton, at the time and place it should have been delivered, was reasonably worth the sum of fifteen hundred dollars.” It suggests the nature of the breach, but does not charge it.
The meaning of the charge asked by the defendant, which was…
2Cited by5 opinions
- Tennessee Coal, Iron & Railroad Co. v. SizemoreSupreme Court of Alabama · 1952
- Lambert v. JeffersonSupreme Court of Alabama · 1948
- Worthington v. DavisSupreme Court of Alabama · 1922
- Woodward Iron Co. v. FrazierSupreme Court of Alabama · 1914
- Campbell Construction Engineers, Inc. v. Water Works & Sewer Board of Prichard, Alabama, Inc.Court of Civil Appeals of Alabama · 1974