Adams v. Davis
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. J. J. Woodward. The facts of this case are fully set out in the opinion of the court. The charges asked were properly refused — not only because they are contrary to law, but because they are abstract.
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Error to the Circuit Court of Macon. Tried before the Hon. J. J. Woodward. The facts of this case are fully set out in the opinion of the court. The charges asked were properly refused — not only because they are contrary to law, but because they are abstract. The first seeks to qualify the inducement 1o have the contract reduced to writing, without any evidence upon which to base such qualification, and further to malee the intention of the parties, aside from the contract, and not the contract, the governing principle. The second charge attempts to deduce a conclusion as to waiver of one of…
1Opinion of the CourtChilton, J.
This was an action of assumpsit brought by the plaintiff in error against the defendant, upon a contract alleged to.have been entered into between them, by which the plaintiff agreed that he would deliver to the defendant, at the Rail Road Ware-house in Montgomery; fifty bales of ginned cotton of the plaintiff’s first gathering and packing from his crop then growing, to be delivered by the first day of November then next (1847,) and that the defendant should then and there accept said cotton, and pay said the plaintiff therefor ten cents for each and every pound thereof.
The declaration…
2Cases cited3 opinions
- Allen v. GoffSupreme Court of Vermont · 1841
- Blick v. BriggsSupreme Court of Alabama · 1844
- State ex rel. Barber v. Hammond's Ex'rsCourt of Appeals of Maryland · 1834
3Cited by3 opinions
- Ramsey v. WahlTexas Commission of Appeals · 1921
- Sanders v. StokesSupreme Court of Alabama · 1857
- State Ex Rel. Denson v. HowzeSupreme Court of Alabama · 1945