Floyd v. Pugh
Supreme Court of Alabama
Appeal ■ from City Court of Birmingham; H. A. Sharpe, Judge. Action by John C. Pugh against S. H. Floyd and another for breach of contract. From a judgment for plaintiff, defendants appeal. The agreement is as follows: Dean & Floyd have heretofore bought of Pugh 497 shares of the capital stock of the Security Life & Accident Insurance Company, at the par value of $4,970, and certain furniture to the sum of $75. Dean & Floyd have received the said stock and furniture in full.
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Appeal ■ from City Court of Birmingham; H. A. Sharpe, Judge. Action by John C. Pugh against S. H. Floyd and another for breach of contract. From a judgment for plaintiff, defendants appeal. The agreement is as follows: Dean & Floyd have heretofore bought of Pugh 497 shares of the capital stock of the Security Life & Accident Insurance Company, at the par value of $4,970, and certain furniture to the sum of $75. Dean & Floyd have received the said stock and furniture in full. Of the sum due Pugh they have paid him $2,045, the remaining $3,000 to be paid upon the following terms: First, he…
1Opinion of the CourtThomas, J.
The plaintiff’s complaint was in three counts. The first and second alleged and claimed for the breach of a dependent agreement, and the third was the common count.
The agreement, which is set out in hasc verba in the first count, shows that the accrual to plaintiff of the $3,000 was dependent: (1) Upon plaintiff’s making good and satisfactory bond in the sum of $2,000, to secure the Interstate Fire Insurance Company from all claims outstanding against the Security Life & Accident Insurance Company; or (2) "alternatively, if such bond should not be made, then upon plaintiff’s satisfying all…
2Cases cited36 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Weeks v. . O'BrienNew York Court of Appeals · 1894
31 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Wallace v. StateSupreme Court of Alabama · 1973
- Prescott v. MartinSupreme Court of Alabama · 1976
- Leverett v. StateAlabama Court of Appeals · 1922
- Gertz v. AllenSupreme Court of Alabama · 1979
- Bank of Brewton, Inc. v. INTERN. FIDELITY INS. COMPANYSupreme Court of Alabama · 2002
15 more not listed; retrieve them via the Exa API.