Plott v. Foster
Alabama Court of Appeals
Assumpsit. Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by H. L. Plott against E. B. Foster. Judgment for plaintiff, and defendant appeals.
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Assumpsit. Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by H. L. Plott against E. B. Foster. Judgment for plaintiff, and defendant appeals. Tbe contract referred to is as follows: “I have this day transferred to H. L. Plott two mortgages on J. O. and L. C. Foster, amounting to $168.81, and I, E. B. Foster, paid $25 on said mortgages, and I, H. L. Plott agree to pay E. B. Foster same back, when tbe mortgages are settled in full with interest. [Signed] H. L. Plott.” Tbe suit was to recover tbe $25 paid to Plott by Foster. Tbe first eight assignments of error go…
1Opinion of the CourtPelham, J.
If the written agreement or contract made the basis of the appellee’s suit, as plaintiff, in the court beloAV is Avithin the statute of frauds, the contract or agreement would be void, unless it expresses the consideration (Code, § 4289, subd. 3; Lindsay v. McRae, 116 Ala. 542, 22 South. 868; White v. White, 107 Ala. 417, 18 South. 3; Foster v. Napier, 74 Ala. 393), but as Ave construe the agreement it is not Avithin the statute.
The contract or agreement, in the first place, if a promise to pay the debt of another, is a promise to pay out of a fund or moneys coming into the hands of the…
2Cases cited10 opinions
- Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
- Hammond v. StateSupreme Court of Alabama · 1906
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Heningburg v. StateSupreme Court of Alabama · 1907
- Foster v. NapierSupreme Court of Alabama · 1883
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3Cited by3 opinions
- First National Bank of Birmingham v. BrownSupreme Court of Alabama · 1971
- Park-Robertson Hardware Co. v. CopelandAlabama Court of Appeals · 1914
- Young v. StateAlabama Court of Appeals · 1913