McCord v. Williams
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. This was an action of assumpsit commenced in the Circuit Court of Lowndes county by the plaintiff in error, against the defendants in error.- The declaration is in the usual form on the common counts. Pleas, non-assumpsit, payment, set off, and former recovery.
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Error to the Circuit Court of Lowndes. This was an action of assumpsit commenced in the Circuit Court of Lowndes county by the plaintiff in error, against the defendants in error.- The declaration is in the usual form on the common counts. Pleas, non-assumpsit, payment, set off, and former recovery. The jury found a verdict for the defendants; and certified a balance in their favor of four hundred and fifty dollars twenty-five cents, for which amount the court rendered a judgment against the plaintiff. It appears from a bill of exceptions, that the plaintiff proved the furnishing certain corn…
1Opinion of the CourtOrmond, J.
— The contract which is set out in the bill of exceptions, might have shown that the plaintiff could not recover, if the corn and fodder, which it is said he furnished for the use of defendant’s negroes and horses, was furnished under the contract; but it is most obvious, that the defendant could not recover, in this action, damages for a breach of the contract on the part of the plaintiff. Yet this has, in effect, been done in this case by giving judgment against the plaintiff on the plea of set off. If it were admitted that the defendant could abandon that portion of the contract, by which…
2Cited by8 opinions
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- George v. Cahawba & Marion Rail RoadSupreme Court of Alabama · 1845
- Bozeman v. RoseSupreme Court of Alabama · 1866
- Smith v. HuieSupreme Court of Alabama · 1848
- Brown v. ChambersSupreme Court of Alabama · 1848
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