Sims v. Alabama Brewing Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. Tliis was an action by the Alabama Brewing Company against J. F. Sims, for breach of the following, contract : “State of Alabama, Jefferson County. This agreement entered into this the 8th day of May, 1900, by and between the Alabama Brewing Company as one part and J. F. Sims as the other.
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Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. Tliis was an action by the Alabama Brewing Company against J. F. Sims, for breach of the following, contract : “State of Alabama, Jefferson County. This agreement entered into this the 8th day of May, 1900, by and between the Alabama Brewing Company as one part and J. F. Sims as the other. Witnesseth ; That Whereas, the said J. F. Sims is to conduct a saloon business at No. 2300 Second Avenue in the City of Birmingham, under a license heretofore used by Stinson and Company, the purchase money for which the said Stinson and…
1Opinion of the CourtTyson, J.
— If it be conceded that the promise of defendant to jiay to plaintiff $71.40 per month for the use of the license issued to Stinson & Co. was void on *313account of illegality, it by no means follows that his promise to pay $71.40 per month to plaintiff for money advanced to purchase a new license to be issued to him was void. It is this latter promise based upon a consideration of a loan of money by plaintiff to defendant to purchase the license necessary to the carrying on of the business in which he was engaged, that this suit is brought to enforce.
Where the contract is entire, incapable of…
2Cited by8 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Inland Trading Co. v. EdgecombeWashington Supreme Court · 1910
- Rock Island Sash & Door Works v. Moore, Handley Hdw. Co.Supreme Court of Alabama · 1906
- Birmingham Railway, Light & Power Co. v. Pratt & McCurdySupreme Court of Alabama · 1914
- Ollinger & Bruce Dry Dock Co. v. James Gibbony & Co.Supreme Court of Alabama · 1918
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