Bradford v. Bush
Supreme Court of Alabama
Writ of error to the Circuit Court of Benton. This was an action of assumpsit at the suit of the plaintiff in error, upon a promissory note made by the defendant on 3d November, 1841, by which he promised to pay to the plaintiff, the sum of five hundred dollars, on the 25th December, 1842. The cause was tried on issues joined upon the pleas of — 1. Non assumpsit. 2. Want of consideration. 3. Failure of consideration. 4. Payment. 5. Set off.
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Writ of error to the Circuit Court of Benton. This was an action of assumpsit at the suit of the plaintiff in error, upon a promissory note made by the defendant on 3d November, 1841, by which he promised to pay to the plaintiff, the sum of five hundred dollars, on the 25th December, 1842. The cause was tried on issues joined upon the pleas of — 1. Non assumpsit. 2. Want of consideration. 3. Failure of consideration. 4. Payment. 5. Set off. A verdict was returned for the plaintiff for $229 89, and judgment was rendered accordingly. On the trial, the plaintiff excepted to the ruling of the…
1Opinion of the CourtCollier, C. J.
-It does not follow that if a person is authorized to sell property, his agency continues, so as to permit him to rescind the sale, or ■ adjust the damages which the vendee may sustain by a breach of warranty. The transaction is complete by the sale, and the rights of the parties become vested, the one in the thing sold, and the other in the price. And it is incumbent upon the vendee, if he relies upon the acts or declarations of a third person as furnishing a defence to the payment of the purchase money, to prove that that person occupied such a relation in respect to the vendor, as made his…
2Cited by19 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- McLean v. StateSupreme Court of Alabama · 1849
- McGuff v. StateSupreme Court of Alabama · 1946
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
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