Oswald v. Godbold
Supreme Court of Alabama
ERROR to tbe Circuit Court of Mobile. Tried before tbe Hon. L. Gibbous. Tbe plaintiff brought an action of assumpsit in tbe Circuit Court of tbe county of Mobile against tbe defendant, and filed bis declaration containing five counts.
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ERROR to tbe Circuit Court of Mobile. Tried before tbe Hon. L. Gibbous. Tbe plaintiff brought an action of assumpsit in tbe Circuit Court of tbe county of Mobile against tbe defendant, and filed bis declaration containing five counts. Tbe first count avers, that plaintiff rented to defendant a saw and grist mill for tbe year 1845, for which defendant agreed to pay him 150,000 feet of assorted lumber, to be delivered in tbe city of Mobile; which be failed to deliver, to plaintiff’s damage $1000. Tbe second count is for use and occupation of tbe mills by tbe defendant, and an undertaking on bis…
1Opinion of the CourtLigon, J.
It was not insisted in tbe argument, that under tbe state of tbe pleadings and proof disclosed by tbe record, tbe plaintiff in error is entitled to recover on tbe special contract set out in bis declaration; but tbe error chiefly complained of is, tbe refusal of tbe court to allow tbe proof of tbe value of tbe premises by way of annual rent, to go to tbe jury on tbe common counts.
*815In Snedicor v. Leachman, 10 Ala. Rep. 330, it was beld by tbis court, that when tbe plaintiff declares on tbe common counts, be cannot recover, if tbe proof shows there was a special contract between the parties that…
2Cases cited2 opinions
- Snedicor v. LeachmanSupreme Court of Alabama · 1846
- Sprague v. MorganSupreme Court of Alabama · 1845
3Cited by3 opinions
- Rose's Executors v. BozemanSupreme Court of Alabama · 1868
- Eastland v. SparksSupreme Court of Alabama · 1853
- Bozeman v. Rose's ExecutorsSupreme Court of Alabama · 1874