Dickerson v. Hodges
Supreme Court of Alabama
Error from, Idmestone County Court. Asa Hodges instituted an action of trespass on the case against William Dickerson, to recover for the use and' occupation of sixty acres of land rented to him. The evidence produced by the plaintiff below, established, according to the admissions of Dickerson, a contract between himself and .one Smith, the agent of Dickerson, for the rent of the land in question.
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Error from, Idmestone County Court. Asa Hodges instituted an action of trespass on the case against William Dickerson, to recover for the use and' occupation of sixty acres of land rented to him. The evidence produced by the plaintiff below, established, according to the admissions of Dickerson, a contract between himself and .one Smith, the agent of Dickerson, for the rent of the land in question. The defendant, Dickerson, offered to prove by one of the plaintiff’s witnesses, that Smith, his agent, had stated that the contract was rescinded. The declarations of Smith, the agent, being…
1Opinion of the Court
By Mr. Justice Thornton :
This -was a case brought up by a writ of error, from the Limestone Circuit Court, upon a bill of exceptions ; and the only error assigned, is the rejection of testimony offered by the plaintiff in error. The action was commenced in the Court below, to recover the amount alleged to be due upon a «contract made with the agent of the defendant in error. The contract as proved was not contested ; but a rescission of it by the same agent was relied on in defence of the action. The proof offered, and rejected, was the declarations of the agent, made by him to the witness…
2Cited by1 opinion
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