Legal Opinion
Rains v. Patton
Supreme Court of Alabama
Decided December 17, 1914PublishedCited by 10 opinions
Appeal from Jefferson Circuit Court. Heard before Hon. John O. Pugh. Assumpsit by A. B. Rains against John W. Patton. Judgment for defendant, and plaintiff appeals. The complaint contained the common count, and certain counts claiming damages for breach of the contract, which is set out in the opinion. The defense set up was that of the statute of frauds.
1Opinion of the Court
SOMERVILLE, J.(1) The vital and decisive .question in this case is whether or not the written agreement upon which the plaintiff must rely for a recovery is obnoxious to the statute of frauds.
The agreement in question is as follows :
“Birmingham., Ala., 5/23/08.
“This agreement witnesses that whereas A. B. Rains has purchased the drug stock and fixtures of the Patton-Pope Drug Co., situated on the corner of Second avenue and Twentieth street, Birmingham, Ala., and has paid the said P. P. Drug Co. in cash for the same, now John W. Patton of the said firm hereby covenants and binds himself unto…
2Cases cited1 opinion
- Rigby v. NorwoodSupreme Court of Alabama · 1859
3Cited by10 opinions
- Armstrong Business Services, Inc. v. AmSouth BankSupreme Court of Alabama · 2001
- Houston v. McClureSupreme Court of Alabama · 1983
- Ezzell v. S. G. Holland Stave Co.Supreme Court of Alabama · 1924
- Foy v. FoySupreme Court of Alabama · 1986
- Skinner v. EllisSupreme Court of Alabama · 1944
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