Borum v. Garland
Supreme Court of Alabama
Assumpsit on a promissory note executed by the defendant in error, for the payment of $170, for the hire of two negroes, Dunk and Henry.
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Assumpsit on a promissory note executed by the defendant in error, for the payment of $170, for the hire of two negroes, Dunk and Henry. The defendants pleaded non assumpsit, failure of consideration, and a tender of $95. From a bill of exceptions, it appears, that about the last of March, the boy Henry was whipped by the patrol, at the house of his wife, and on the next day, the plaintiff, at the request of the boy, gave him a pass, to return to the house where his wife lived, and on that day, or night, the boy ran away, without having returned to the possession of Garland, the hirer. On the…
1Opinion of the CourtOrmond, J.
It is doubtless true, as contended by the counsel for the plaintiff in error, that a party who claims a right to rescind a contract, must put the opposite party in statu quo, by returning, or offering to return, the subject matter of the contract, if in his possession. But, notwithstanding this is the law, it cannot be questioned, that parties may-by agreement rescind a contract in part, and permit it to stand for the remainder. The declaration of the plaintiff, that the defendant should not have the slave, Henry, any longer, if accepted, or agreed to, by the defendant, had the effect of…
2Cited by4 opinions
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Thomason v. DillSupreme Court of Alabama · 1857
- Jemison v. Woodruff & BeachSupreme Court of Alabama · 1859