Rankin v. McCleery
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. O. C. Nesmiti-i. Assumpsit by George McCleery against J. W. Rankin and another. Judgment for plaintiff and defendants ' appeal. The writing set out and upon which recovery was had does not constitute a contract as to Morris, hut is merely written evidence of a state of facts.
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Appeal from Birmingham City Court. Heard before Hon. O. C. Nesmiti-i. Assumpsit by George McCleery against J. W. Rankin and another. Judgment for plaintiff and defendants ' appeal. The writing set out and upon which recovery was had does not constitute a contract as to Morris, hut is merely written evidence of a state of facts. If said writing can be fairly construed as constituting a contract, the same is unenforceable as to appellant Morris, for that there was no consideration for the same as between McCleery and this appellant. — 6 Am. & Eng. Enc. of Law 688; 9 Cyc. 343; Deacon v. Grklley,…
1Opinion of the Court
PELHAM, J. —
The appellee, George McCleery, as plaintiff in the court below, instituted a suit in assumpsit against J. W. Rankin and L. C. Morris, defendants, and the case was tried before the court without a jury, and judgment was rendered for the appellee, *459plaintiff, against both defendants,, and an appeal was taken by the defendant L. O. Morris alone; the record being amended by agreement so as to show the appeal to have been taken by both defendants, a severance granted, separate assignments of errors by the appellant L. C. Morris, and a waiver of the right to assign errors entered of…
2Cases cited4 opinions
- Sanford v. HuxfordMichigan Supreme Court · 1875
- Ashburn v. WatsonCourt of Appeals of Georgia · 1911
- Pollak v. BillingSupreme Court of Alabama · 1901
- Clark v. DaneSupreme Court of Alabama · 1900