Honeycut v. Strother
Supreme Court of Alabama
Error to the County Court of Dallas County. This was an action of assumpsit, brought by the plaintiff in error, against the defendant in error, in the County Court of Dallas, on a promissory note, for nine hundred and fifty dollars. To a declaration in the usual form, the defendant pleaded non-assumpsit, want of consideration, failure of consideration, and set-off, and, on issues joined on the pleas, the defendant had judgment.
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Error to the County Court of Dallas County. This was an action of assumpsit, brought by the plaintiff in error, against the defendant in error, in the County Court of Dallas, on a promissory note, for nine hundred and fifty dollars. To a declaration in the usual form, the defendant pleaded non-assumpsit, want of consideration, failure of consideration, and set-off, and, on issues joined on the pleas, the defendant had judgment. Pending the trial, a bill of exceptions was taken, by which it appears, that the plaintiff and defendant, some time in the year 1836, entered into a contract by which…
1Opinion of the CourtOrmond, J.
— It is the settled law of this Court, that a purchaser of land, in possession, cannot refuse the payment of the purchase money for any defect of title in the vendor, as is conclusively shewn by the authorities referred to by the counsel for the plaintiff in error. But it does not appear, that the defence set up to this note, is a want of title in the vendor ; it *138is a breach of a parol agreement, which the vendor entered into at the time the notes for the purchase money were executed. That agreement was, that three of the notes, which the defendant executed to the plaintiff, should be…
2Cited by6 opinions
- Jones v. Trawick's Adm'rSupreme Court of Alabama · 1857
- McNair v. CooperSupreme Court of Alabama · 1843
- Cowan v. CooperSupreme Court of Alabama · 1867
- Richards v. HodgesSupreme Court of North Carolina · 1913
- Cerini v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1912
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