Aultman & Co. v. Fletcher
Supreme Court of Alabama
¿appeal from the Circuit Court of Madison. Tried before the Hon. II. C. Speake. This action was brought by the appellants, C. Ault-man & Company, a corporation, against the appellee, R. M. Fletcher. The defendant pleaded the general issue and the statute of frauds.
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¿appeal from the Circuit Court of Madison. Tried before the Hon. II. C. Speake. This action was brought by the appellants, C. Ault-man & Company, a corporation, against the appellee, R. M. Fletcher. The defendant pleaded the general issue and the statute of frauds. The uncontroverted evidence showed the following facts : That in the fall of 1882 plaintiffs’ agent was approached by one J. G. Williams to sell him, Williams a saw mill and engine ; that plaintiffs’ agent refused to do so at first, but afterwards went to Madison, at Williams’ request, and there had a conversation with Williams and…
1Opinion of the CourtHead, J.
The action of the .circuit .court, in giving the affirmative charge for the defendant, is sought to be maintained here, upon the ground that the statute of frauds constituted a bar to the action. A review of this ruling will necessitate a consideration of the various phasds of the evidence, and the application of the proper principles of law thereto ; and if it be ascertained, that there was any aspect of the case in which the plaintiff was entitled to recover, if the jury believed the evidence tending to support it, then it will follow that the court erred in giving the general charge -for…
2Cases cited6 opinions
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Shines v. SteinerSupreme Court of Alabama · 1884
- Clark & Wadsworth v. JonesSupreme Court of Alabama · 1887
- Woodruff v. ScaifeSupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Beitman v. Birmingham Paint & Glass Co.Supreme Court of Alabama · 1914
- Lackland v. TurnerSupreme Court of Alabama · 1921
- Borden v. King Mill & Lumber Co.Supreme Court of Alabama · 1926
- Merrell v. WitherbySupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.