Thomas v. Barker
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas,, Tried .before, the Hon. Nat, Cook, This action was brought by Stephen B. Barker, against • Benjamin R. Thomas, to recover damages for the breach of' a.-special contract, by which the plaintiff sold a negro girl to the defendant at the price of $1100, and the latter agreed' to pay plaintiff, in addition to the $1100, “one-half of what he might get-for said girl on a re-sale, over and above $1100;” the alleged breach being, that • tbe…
Read the full summary
Appeal from the Circuit Court of Dallas,, Tried .before, the Hon. Nat, Cook, This action was brought by Stephen B. Barker, against • Benjamin R. Thomas, to recover damages for the breach of' a.-special contract, by which the plaintiff sold a negro girl to the defendant at the price of $1100, and the latter agreed' to pay plaintiff, in addition to the $1100, “one-half of what he might get-for said girl on a re-sale, over and above $1100;” the alleged breach being, that • tbe defendant resold the girl for $1400, and refused to pay plaintiff any part of the profit.- On the trial, as the bill of…
1Opinion of the CourtStone, J.
“ Evidence maybe received of a considera-tion not mentioned in a deed, provided it be not inconsistent with the consideration expressed in it.” — 1 Greenl. Ev. 285, 304; Jeffrey v. Walton, 1 Stark. Rep. 267.— The proof in 'this case did not change the nature or legal effect of the writing: .it only established an additional consideration, not mentioned, in tlie deed, but yet not inconsistent with it. It was properly admitted. — Dixon v. Barclay, 22 Ala. 370 ; Eckles & Brown v. Carter, 26 Ala. 563 ; Hair v. Little, 28 Ala. 236.
Judgment affirmed.
2Cases cited3 opinions
- Hair v. LittleSupreme Court of Alabama · 1856
- Dixon v. BarclaySupreme Court of Alabama · 1853
- Eckles v. CarterSupreme Court of Alabama · 1855
3Cited by9 opinions
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Wilkerson v. TillmanSupreme Court of Alabama · 1880
- Berman v. GellerMassachusetts Supreme Judicial Court · 1950
- Mobile & Montgomery Railway Co. v. WilkinsonSupreme Court of Alabama · 1882
- Reader v. HelmsSupreme Court of Alabama · 1876
4 more not listed; retrieve them via the Exa API.