Robinson v. Bullock
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. This action was brought by John L. Bobinson, against Mrs. Drusilla A. Bullock’; was commenced on the 23d October, 1868, and sought to recover damages for the defendant’s alleged breach of a written contract, which was in the following words: “Memorandum of agreement, made and entered into this, the 13th day of November, A. H. 1865, between John L. Bobinson of the one part, and Mrs. H. A. Bullock of…
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Appeal from the Circuit Court of Macon. Tried before the Hon. James E. Cobb. This action was brought by John L. Bobinson, against Mrs. Drusilla A. Bullock’; was commenced on the 23d October, 1868, and sought to recover damages for the defendant’s alleged breach of a written contract, which was in the following words: “Memorandum of agreement, made and entered into this, the 13th day of November, A. H. 1865, between John L. Bobinson of the one part, and Mrs. H. A. Bullock of the other part, w.itnesseth, that for and in consideration of the fact that said J. L. Bobinson shall erect and put in…
1Opinion of the CourtBriokell, C. J.
The statements of the evidence, in the bill of exceptions, are very meagre; but, referring the instructions given or refused to them, it does not seem to us that the point of controversy could have been, whether the contract under seal made by the parties, while it was executed in whole or in part by the plaintiff, could have been discharged by a parol executory agreement, but rather whether it was not materially altered, or modified, by a subsequent parol agreement. While it may be true, that a liability manifested by a contract in writing cannot be discharged by a mere parol executory…
2Cases cited6 opinions
- Jones v. DeyerSupreme Court of Alabama · 1849
- Fail v. McReeSupreme Court of Alabama · 1860
- Hunter v. WaldronSupreme Court of Alabama · 1845
- Ramey v. HolcombeSupreme Court of Alabama · 1852
- Wyatt v. StewartSupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
- Dickerson v. FinleySupreme Court of Alabama · 1908
11 more not listed; retrieve them via the Exa API.