McGehee v. Posey
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before Hon. George Goldthwaite. This action was brought by the appellee, as administrator, “Bragg’s Store, Nov. 21st, 1864. By the first day of January, 1866, I promise to pay G. A. Thigpen, administrator, &c., thirty-five hundred pounds seed cotton, and seventy-five bushels corn, for the rent of the land I am living on. The above note is given for the rent of the land for sixty-five.”
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Appeal from the Circuit Court of Lowndes. Tried before Hon. George Goldthwaite. This action was brought by the appellee, as administrator, “Bragg’s Store, Nov. 21st, 1864. By the first day of January, 1866, I promise to pay G. A. Thigpen, administrator, &c., thirty-five hundred pounds seed cotton, and seventy-five bushels corn, for the rent of the land I am living on. The above note is given for the rent of the land for sixty-five.” The breach of the contract assigned, was the non-delivery of the corn and cotton. The court below charged the jury, to find for the plaintiff) the value of the…
1Opinion of the CourtA. J. Walker, C. J.
The third section, 26th ordinance of the convention of 1865, has no relation to the *332measure of damages in this case. The two subjects of regulation of the section are, the consideration and the currency in which contracts are to be paid. There is no question of consideration here, and no question as to the currency in which payment was to be made. The contract by its terms was payable in certain chattels; the value of which, at the time of delivery, is the measure of damages. — Rose v. Bozeman, 40 Ala. 678. We do not think either one of the charges asked should have been given. Scheible v.…
2Cases cited1 opinion
- Balkum v. StateSupreme Court of Alabama · 1867
3Cited by3 opinions
- Trustees of Howard College v. TurnerSupreme Court of Alabama · 1882
- Henry & Co. v. Northern BankSupreme Court of Alabama · 1879
- Bozeman v. Rose's ExecutorsSupreme Court of Alabama · 1874