Adams v. M'Millan
Supreme Court of Alabama
This was an action of trespass on the case, brought in the Circuit court of Dallas county. The action was instituted by McMillan’s executor, to recover from the plaintiff in error, the deficiency in price at the re-sale of a tract of land, which had been previously sold to the plaintiff in error. The declaration, in addition to the common counts,, contained four special counts.
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This was an action of trespass on the case, brought in the Circuit court of Dallas county. The action was instituted by McMillan’s executor, to recover from the plaintiff in error, the deficiency in price at the re-sale of a tract of land, which had been previously sold to the plaintiff in error. The declaration, in addition to the common counts,, contained four special counts. The first alleged, that in pursuance of a power vested in plaintiff by the last will and testament of James McMillan, deceased, plaintiff had caused to be put up at public auction, a certain plantation, of which the…
1Opinion of the CourtOrmond, J.
— The principal question arising in this case, on the statute of frauds, is one which demands, and has received from us, the most attentive consideration. Eminent judges, both in England and in this country, have lamented that the plain letter of the statute has ever been departed from. It is now, however, settled, that a writing, no matter what may be its particular form, will'be a sufficient memorandum or note in writing, as required by the statute; provided it contain the essential terms of the contract, expressed with such cer*81tainty, that they may be understood from the instrument itself,…
2Cases cited1 opinion
- M'Comb v. WrightNew York Court of Chancery · 1820
3Cited by24 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Hammond v. HanninMichigan Supreme Court · 1870
- Duff v. DuffCalifornia Supreme Court · 1886
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Russell v. BushSupreme Court of Alabama · 1916
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