Andrews v. Tucker
Supreme Court of Alabama
Appeal from tlie Circuit Court of Chambers. Tried before the Hou. N. D. Denson. This action was brought by the appellees, J. A. & L. ■C. Tucker, agaiust M. A. Andrews, T. H. Allen and J. D. Moorefield, composing the firm of Andrews, Allen & Moorefield. The complaint, as originally filed, contained three counts.
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Appeal from tlie Circuit Court of Chambers. Tried before the Hou. N. D. Denson. This action was brought by the appellees, J. A. & L. ■C. Tucker, agaiust M. A. Andrews, T. H. Allen and J. D. Moorefield, composing the firm of Andrews, Allen & Moorefield. The complaint, as originally filed, contained three counts. The first count was for $150 due for work and labor done for the defendant by the plaintiffs on October 15, 1896. The second count was on an acoount stated on October 15, 1896. The third count was for $150 due for work and labor done under a contract ¡between plaintiffs and defendants.…
1Opinion of the CourtSharpe, J.
By the law as it has been settled in this State, a written contract which by its terms is executory as imposing the performance of duties other than the mere obligation of making payment, may while the contract is executory in respect of any part of such duties, be altered, modified or rescinded with or without a writing and without any other consideration than *613that of mutual assent. — Badders v. Davis, 88 Ala. 369; Robinson v. Bullock, 66 Ala. 548; 1 Brick Dig. 394, § 233. And suck change under such circumstances may extend to the waiver of any right either party might have had under the…
2Cases cited6 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Stewart v. CrossSupreme Court of Alabama · 1880
- Kirkland v. OatesSupreme Court of Alabama · 1854
- Robinson v. BullockSupreme Court of Alabama · 1880
- Cornish v. SuydamSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Housing Authority v. Decatur Land Co.Supreme Court of Alabama · 1953
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Stiewel v. LallySupreme Court of Arkansas · 1909
16 more not listed; retrieve them via the Exa API.