McCormick v. Badham
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Assumpsit by A. H. McCormick against Henry L. Badham. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Assumpsit by A. H. McCormick against Henry L. Badham. Judgment for defendant, and plaintiff appeals. The twelfth count alleges a written contract as set out in a former report of this case in 191 Ala. 339, 67 South. 609, and avers that by said contract defendant agreed to sell plaintiff 45 shares of the stock of said company at the par value and price of $100 each, to be paid as therein specified, and that at the time of the execution of the foregoing contract defendant was the owner of 500 shares of the par value of $100…
1Opinion of the CourtAnderson, C. J.
[1] This is the second appeal in this cause. The first report of same will be found in 191 Ala. 339, 67 South. 609. The second trial seems to have proceeded upon count 12 of the complaint and the common counts, upon the theory of a subsequent agreement by the defendant to make a satisfactory settlement with the plaintiff for his $4,500 worth of stock if the defendant included it" in the sale to V. C. Badham together with his own stock. There was judgment for the plaintiff, and the damage assessed was upon the evident basis that the stock had either been sold for or was worth $200 per share;…
2Cases cited2 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- McCormick v. BadhamSupreme Court of Alabama · 1914
3Cited by3 opinions
- Christie v. DurdenSupreme Court of Alabama · 1921
- McCormick v. BadhamSupreme Court of Alabama · 1919
- Newman v. MorganSupreme Court of Alabama · 1919