Evans v. Kittrell
Supreme Court of Alabama
Appeal from the Chancery Court of Greene. Heard before the Hon. James B. Clark. The bill in this ease was filed by Pleasant W. Kittrell, against Stith Evans, to enforce the specific performance of a contract which was, in substance, as follows: On the 15th December, 1848, complainant, being then a citizen of Alabama, aud about to remove to Texas, sold and delivered to the defendant, at the price of $1250, a negro man slave, named Carney, who was a blacksmith by trade;…
Read the full summary
Appeal from the Chancery Court of Greene. Heard before the Hon. James B. Clark. The bill in this ease was filed by Pleasant W. Kittrell, against Stith Evans, to enforce the specific performance of a contract which was, in substance, as follows: On the 15th December, 1848, complainant, being then a citizen of Alabama, aud about to remove to Texas, sold and delivered to the defendant, at the price of $1250, a negro man slave, named Carney, who was a blacksmith by trade; executed to him an absolute bill of sale, and took from him, at the same time, a writing which contained the stipulations to…
1Opinion of the Court
STONE, J.—
The following rules of law must be regarded as well settled:
1. That in the absence of stipulations to the contrary, contracts, as to their validity and. construction, are to be determined by the law of the place where they are entered into.
2. There is a class of contracts, which, by their terms, contemplate their performance within another jurisdiction. These are governed by a different principle.—See Story’s Conflict of Laws, §§ 76, 287, 288; 1 Parsons on Contracts, 228 ; Peake v. Yeldell, 17 Ala. 636 ; Jones v. Jones, 18 Ala. 248; Mays v. Williams, 27 Ala. 267; Walker v. Chapman,…
2Cases cited16 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Jones v. JonesSupreme Court of Alabama · 1850
- Walker v. ChapmanSupreme Court of Alabama · 1853
- Trotter v. BlockerSupreme Court of Alabama · 1838
- Mays v. WilliamsSupreme Court of Alabama · 1855
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
- Hoglan v. MooreSupreme Court of Alabama · 1929
- Brotherhood of Railroad Trainmen v. BarnhillSupreme Court of Alabama · 1926
- Ensley Lumber Co. v. LewisSupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.