Burkham v. Mastin
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. John A. Minnis. The appellee, Mastín, brought this action against the appellant, Burkham.
Read the full summary
Appeal from the City Court of Montgomery. Tried before Hon. John A. Minnis. The appellee, Mastín, brought this action against the appellant, Burkham. The complaint contained two counts; the first being the common counts, and the second, counting on an agreement which in substance was as follows : One B. W. Bamsey, in 1874, entered into an agreement with plaintiff, to superintend his plantation that year, for which he agreed to pay five hundred dollars if a good crop was made, and not less than four hundred dollars in any event. "While plaintiff was engaged in performing his duties under the…
1Opinion of the CourtBBrICKELL, C. J.
The tendency of our decisions is in support of the proposition, that if one person make a promise to another, for the benefit of a third, such third person may maintain an action upon the promise, though the consideration does not move from him.—Muckabee v. May, 14 Ala. 263; Mason v. Hall, 30 Ala. 599. It is well settled by our decis*126ions, conforming to the universal construction of the statute of frauds, that a promise by one to j3ay the debt of another, made upon a new and valuable consideration beneficial to the promisor, is not within the- statute.—McKenzie v. Jackson, 4 Ala. 230; Lee v.…
2Cases cited6 opinions
- Mason v. HallSupreme Court of Alabama · 1857
- Huckabee v. MaySupreme Court of Alabama · 1848
- Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846
- McKenzie v. JacksonSupreme Court of Alabama · 1842
- Johnson's Adm'r v. Sellers' Adm'rSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Foster v. NapierSupreme Court of Alabama · 1883
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
- Westmoreland v. PorterSupreme Court of Alabama · 1883
11 more not listed; retrieve them via the Exa API.