Jackson v. Waddill
Supreme Court of Alabama
James and John C. Jackson, brought, in the Circuit-Court of Franklin county, an action of covenant against Noeland John C. Waddill, to recover on an obligation under seal, whereby they promised jointly and severally to pay to “Nathaniel P. Russel, bis heirs or assigns, the sum of two hundred dollars, to be discharged in good current bank notes” and which was assigned to the plaintiffs.
Read the full summary
James and John C. Jackson, brought, in the Circuit-Court of Franklin county, an action of covenant against Noeland John C. Waddill, to recover on an obligation under seal, whereby they promised jointly and severally to pay to “Nathaniel P. Russel, bis heirs or assigns, the sum of two hundred dollars, to be discharged in good current bank notes” and which was assigned to the plaintiffs. To the declaration, which was in'the usual form, the defendants demurred; and at the April term,1827, the demurrer was sustained, and judgement given for the defendants, on the ground that covenant could not be…
1Opinion of the Court
By JUDGE TAYLOR.
Covenant is a remedy calculated for the recovery of damages for the breach of a contract under seal. a The declaration in this case sets out a contract under seal, which it avers has been broken by the defendants; then covenant certainly might be sustained on this instrument, even were it admitted that a specified sum was payable by it, for damages might be recovered for the breach of it. In that case, it is true, the law would define the amount of the damages, viz, the sum agieed to be paid, with legal interest thereon, but this certainly could not vary the case. There are…
2Cited by4 opinions
- Neel v. ClaySupreme Court of Alabama · 1872
- Young v. ScottSupreme Court of Alabama · 1843
- Maury v. UnruhSupreme Court of Alabama · 1930
- Kirtland v. MoltonSupreme Court of Alabama · 1868