Morris v. Lagerfelt
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson.. Tried before the Hon. James J. Banks. This action was brought by the appellee, C. O. Lager-felt, on October 10, 1891, against the appellant, E. W. Morris, to recover the sum of one hundred dollars, claimed to be due to the plaintiff upon a written contract for the sale of an option on a gold mining claim. The complaint as originally filed contained but one count, claiming an amount due on said contract.
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Appeal from the Circuit Court of Jefferson.. Tried before the Hon. James J. Banks. This action was brought by the appellee, C. O. Lager-felt, on October 10, 1891, against the appellant, E. W. Morris, to recover the sum of one hundred dollars, claimed to be due to the plaintiff upon a written contract for the sale of an option on a gold mining claim. The complaint as originally filed contained but one count, claiming an amount due on said contract. By leave of the court, the plaintiff amended his complaint by adding a second count, in which he set out in full the written contract sued upon,…
1Opinion of the CourtHead, J.
Assuming the validity of the contract brought to view, in this case, as a mutually binding obligation, the one hundred dollars, therein recited to have been paid by the appellant, was a cash consideration, payable at the time of the execution of the contract. The same not being paid upon the delivery of the' instrument, a right of action for its recovery at once arose. Recitals in written contracts, in reference to the payment of the consideration, like that in the present contract, are always open to explanation by parol. Neither the allegation of the present complaint nor the evidence varv…
2Cases cited4 opinions
- Micou v. AshurstSupreme Court of Alabama · 1876
- Cotton v. CottonSupreme Court of Alabama · 1883
- Eads v. MurphySupreme Court of Alabama · 1875
- Haynes v. FarleySupreme Court of Alabama · 1837
3Cited by1 opinion
- Masberg v. GranvilleSupreme Court of Alabama · 1917