Abercrombie v. Allen
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. Andrew B. Moore. This action was brought by the appellee, to recover damages for the defendant’s breach of a contract, by which plaintiff agreed to serve him as overseer for the year 1853, at a stipulated price; the complaint alleging, that the defendant, wrongfully, and without cause, discharged plaintiff before the end of his term of service, and prevented him from performing his part of the contract, as he was…
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Appeal from the Circuit Court of Perry. Tried before the Hon. Andrew B. Moore. This action was brought by the appellee, to recover damages for the defendant’s breach of a contract, by which plaintiff agreed to serve him as overseer for the year 1853, at a stipulated price; the complaint alleging, that the defendant, wrongfully, and without cause, discharged plaintiff before the end of his term of service, and prevented him from performing his part of the contract, as he was ready and willing to do. The defendant pleaded,' among other things, non assumpsit, tender, and that plaintiff did not…
1Opinion of the CourtRice, C. J.
A party may introduce his own declarations as evidence for himself, when the silence of the other party amounts, in law, to an admission of their truth. But the rule in relation to evidence of that kind, is, that it is to be received with the greatest caution, and never should be received, unless the statement was heard and understood by the party against whom it is offered, and was of such a character, and made under such circumstances, as naturally to call for a reply. — Spencer v. The State, 20 Ala. R. 24 ; Lawson v. The State, ib. 65 ; Watson v. Byers, 6 ib. 393 ; Wheat v. Croom, 1 ib.…
2Cited by10 opinions
- Wilkins v. StidgerCalifornia Supreme Court · 1863
- Kilpatrick v. StateCourt of Criminal Appeals of Alabama · 1973
- Briel v. Exchange Nat. BankSupreme Court of Alabama · 1911
- Scott v. StateSupreme Court of Alabama · 1947
- Peck & Brother v. RyanSupreme Court of Alabama · 1895
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