Broadus v. Russell
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by I. P. Russell against S. S. Broadus and others, on guaranty. Judgment for plaintiff and defendants appeal.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by I. P. Russell against S. S. Broadus and others, on guaranty. Judgment for plaintiff and defendants appeal. In connection Avith this case see Russell v. Broadus Cotton Mills, 39 South. 712. A contract may have for its consideration the making of another contract, and Avhen such is the case, the breach of one is the discharge of the other.- — 9 Cyc. 316, and note; 62 N. Y. 139; 22 N. Y. Supp. 516. The judgment in the case set up Avas betAveen Avholly different parties, and shoAved no privity. —23 Cyc. 1237-1238;…
1Opinion of the CourtMcCLELLAN, J.
The insistence in bebalf of counsel that this appeal should be dismissed because the transcript contains no organization of the court below is not sustained by reference to the record before us. the transcript does contain the formal recital that “on the 26th day of February, 1906, at a regular term of the circuit court of Jackson county, state of Alabama, was begun and held at Scottsboro, the place of bolding the •same, when the following proceedings were bad and done.” That was a time and place provided by law for bolding such court. the necessary inference is that the proper and assential…
2Cases cited4 opinions
- Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- Bridgeport Electric & Ice Co. v. MeaderCourt of Appeals for the Fifth Circuit · 1895
- Hall v. SimsSupreme Court of Alabama · 1894
3Cited by1 opinion
- Stone v. WalkerSupreme Court of Alabama · 1917