Pharr v. Bachelor
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega. THE defendant in error brought an action of assumpsit against the plaintiffs, and set forth his cause of action in two distinct counts.
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Writ of error to the Circuit Court of Talladega. THE defendant in error brought an action of assumpsit against the plaintiffs, and set forth his cause of action in two distinct counts. In the first count, he alleges circumstantially a parol contract entered into between the defendants and himself, by which he undertook, on the 19th July, 1837, to keep a boarding house for them at the Sulphur Springs, in the county of Talladega; and also, to sell them furniture, wines. &c.; in consideration of which, they agreed to pay the sum of three thousand five hundred dollars, and the value of his…
1Opinion of the CourtCollier, C. J.
It is objected to the declaration, that the ■first count is in case, and the second in assumpsit; and it is therefore insisted, that the demurrer should have been sustained for a misjoinder. The first count, after setting out a parol contract and breach,"concludes as a declaration in case, and the conclusion, it is insisted, must determine its character. This argument cannot be maintained. If the conclusion of the count' •was stricken out, it would be good in assumpsit; and it may therefore be rejected as surplusage. No other objection is made to the first count, nor indeed can, on general…
2Cases cited6 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Newcomb v. BrackettMassachusetts Supreme Judicial Court · 1819
- Johnson v. ReedMassachusetts Supreme Judicial Court · 1812
- Manufacturers' & Mechanics' Bank v. GoreMassachusetts Supreme Judicial Court · 1818
- Butler v. HaightNew York Supreme Court · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Blakeney v. StateSupreme Court of Alabama · 1943
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- McKinley v. IrvineSupreme Court of Alabama · 1848
- Southern Railway Co. v. LeeSupreme Court of Alabama · 1910
- Catts v. PhillipsSupreme Court of Alabama · 1928
21 more not listed; retrieve them via the Exa API.