Davis v. Preston
Supreme Court of Alabama
Wurr of error to the Circuit Court of Baldwin county. Assumpsit by Preston against Davis, upon an agreement in writing made between the parties, the 31st January, 1839. By the terms of the agreement, Preston undertook to stay at, superintend and keep in repair certain mills, belonging to Davis, for twelve months from the 1st January of the same year.
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Wurr of error to the Circuit Court of Baldwin county. Assumpsit by Preston against Davis, upon an agreement in writing made between the parties, the 31st January, 1839. By the terms of the agreement, Preston undertook to stay at, superintend and keep in repair certain mills, belonging to Davis, for twelve months from the 1st January of the same year. Davis, on his part, agreed, at the expiration of six months from the 1st January, to pay Preston 300 dollars, and 300 dollars more at the expiration of the year, for the good performance by him of what he had agreed to do. It was stipulated,…
1Opinion of the Court
, GOLDTHWAITE, J.
There is some doubt with us, whether the plaintiff was entitled, under this contract, to recover the three hundred dollars agreed to be paid at the expiration of. the year; but however this may be, that was not the question raised in the court below. The defendant there insisted, that no recovery against him could be had, unless the service was performed for the entire time ; and that the plaintiff’s abandonment of his service previous to the expiration of the year, prevented any recovery in the action as brought. This view of the contract cannot be sustained. It is true, the…
2Cited by13 opinions
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- Liddell v. ChidesterSupreme Court of Alabama · 1887
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