Rasco v. Willis
Supreme Court of Alabama
EimoR to the Circuit Court of Dallas. This was an action commenced before a justice of the peace, on a note of the plaintiffs in error, under fifty dollars ; and judgment being rendered in favor of the defendant in error, an appeal was prosecuted to the Circuit Court.
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EimoR to the Circuit Court of Dallas. This was an action commenced before a justice of the peace, on a note of the plaintiffs in error, under fifty dollars ; and judgment being rendered in favor of the defendant in error, an appeal was prosecuted to the Circuit Court. Upon the trial of the cause in the Circuit Court, it appeared in evidence that the note sued on, with several others, was given by the plaintiff in error, Brantley, for the hire of a negro man slave, for one year from the first of January, 1841 to the first of January, 1842. That the slave went into the possession of Brantley at…
1Opinion of the CourtOrmond, J.
The counsel for the plaintiff in error contends, that as the contract for the hire of the slave was entire, and was put an end to by the defendant in error without his consent, there can be no recovery even for the services rendered by the slave.
The general rule is certainly as stated, but it is equally as clear, that in all contracts of this description, there are certain implied stipulations, the violation of which will authorize a rescisión of the contract. When a slave is hired, it must be implied that he is to be employed in some honest pursuit, and if the hirer should incite him to…
2Cited by4 opinions
- Boggess v. HowardTexas Supreme Court · 1874
- Nelson v. BondurantSupreme Court of Alabama · 1855
- Jones v. WebsterSupreme Court of Alabama · 1872
- Tucker v. MageeSupreme Court of Alabama · 1850