McLendon v. Godfrey
Supreme Court of Alabama
The defendant in error declared against the plaintiff in as-sumpsit, in the Circuit Court of Sumter. THE declaration contains two counts: in the first,'it is alleged that the defendant, together with Norris Finley, John Lott and Charles Finley, entered into a written agreement with the plaintiff, bearing date the 9th of July, 1838, by which the plaintiff bound himself to teach an English school for that year, for the defendant and Finley, Lott and Finley; all whom jointly…
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The defendant in error declared against the plaintiff in as-sumpsit, in the Circuit Court of Sumter. THE declaration contains two counts: in the first,'it is alleged that the defendant, together with Norris Finley, John Lott and Charles Finley, entered into a written agreement with the plaintiff, bearing date the 9th of July, 1838, by which the plaintiff bound himself to teach an English school for that year, for the defendant and Finley, Lott and Finley; all whom jointly and severally, agreed to pay the plaintiff, the sum of three hundred and fifty dollars, at the expiration of the year, to…
1Opinion of the CourtCollier, C. J.
Where the declaration purports to set out an instrument according to its substance and effect, it is ordinarily sufficient, if the instrument proved, and the one alleged, correspond in all essential particulars. Let us inquire if the writing declared on, and that given in evidence, thus harmonize with each other.
The plaintiff alleges that on the 9th of July, 18.38, he entered into a written contract with the defendant and others, to teach an English school for that year. The declaration avers the expiration of the term of the plaintiff’s engagement to be the end of that year, and that the…
2Cases cited4 opinions
- Lawrence v. BarkerNew York Supreme Court · 1830
- Curley v. DeanSupreme Court of Connecticut · 1822
- Bulkley v. LandonSupreme Court of Connecticut · 1818
- Willoughby v. RaymondSupreme Court of Connecticut · 1821
3Cited by7 opinions
- Washington v. TimberlakeSupreme Court of Alabama · 1883
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- United States Health & Accident Ins. v. SavageSupreme Court of Alabama · 1914
- Scott v. Moragues Lumber Co.Supreme Court of Alabama · 1918
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