Bohanan v. Darden
Alabama Court of Appeals
Breach of Contract. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by J. R,. Thomas against D. P. Bohanan and another, for breach of contract, revived in the name of Osceola Darden, as administrator of said Thomas. Judgment for plaintiff and defendants appeal.
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Breach of Contract. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by J. R,. Thomas against D. P. Bohanan and another, for breach of contract, revived in the name of Osceola Darden, as administrator of said Thomas. Judgment for plaintiff and defendants appeal. Though evidenced by separate writings the deed and contract must he regarded as parts of each other, and as together forming the entire agreement. — Drevmen v. Batter-field, 119 Ala. 84; Forst v. Leonard, 112 Ala. 296; 2 Mafy. p. 754. Therefore, plaintiff had no right, and defendant was under no duty to…
1Opinion
*226ON APPLICATION POR REHEARING.
The appellant, in his application for rehearing, insists that this case should be reversed because the court refused to admit testimony in support of plea No. 5. It is true that the judgment entry on this appeal sIioavs no rulings on the demurrers to this plea, but we take judicial knowledge of what is shown by the original record when this case Avas before the Supreme Court on a former appeal (Bohanan v. Thomas, 159 Ala. 410, 49 South. 308) and the record on that appeal shows that demurrers to this plea were sustained by an order of the court made on April 19,…
2Cases cited3 opinions
- Alabama City G. & A. Ry. Co. v. BatesSupreme Court of Alabama · 1908
- Gainer v. Southern Railway Co.Supreme Court of Alabama · 1907
- Bohanan v. ThomasSupreme Court of Alabama · 1909