Irwin v. Bell
Tennessee Superior Court for Law and Equity
Case. The declaration contained a special count, as well as a general one, for goods, wares and merchandize sold and delivered. It appeared to have been a contract for the delivery of cast iron, for which corn was to be given. The plaintiff's witness on cross examination, stated what the plaintiff had told him was the special agreement, but he knew nothing of it of his own knowledge which was somewhat variant from the special agreement, stated in the declaration.
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Case. The declaration contained a special count, as well as a general one, for goods, wares and merchandize sold and delivered. It appeared to have been a contract for the delivery of cast iron, for which corn was to be given. The plaintiff's witness on cross examination, stated what the plaintiff had told him was the special agreement, but he knew nothing of it of his own knowledge which was somewhat variant from the special agreement, stated in the declaration. The witness proved that he delivered the corn to Bell, the defendant. The counsel for the defendant insisted, that the plaintiff…
1Opinion of the Court
Humphreys, j. and Overton, j.
The plaintiff ought to recover on his general count, otherwise he might be without remedy. In this case, it is not even pretended, that the defendant has attempted to comply with his part of the agreement. The plaintiff may put an end to it, throw it out of view and recover the value of his corn which he has delivered. In this case the witness did not appear to be positive, as to what was said by the plaintiff respecting the special agreement. We consider this evidence as coming from the part of the defendant; under such circumstances, there would be an extreme…
2Cases cited3 opinions
- Traders' Bank v. Van WagenenWashington Supreme Court · 1891
- Tuttle v. MayoNew York Supreme Court · 1810
- Bailey v. FreemanNew York Supreme Court · 1809
3Cited by3 opinions
- Deberry v. YoungTennessee Supreme Court · 1851
- Gibson v. CarlinTennessee Supreme Court · 1884
- Bush v. JonesCourt of Appeals of Tennessee · 1874