Tilley v. Harrison
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before Hon. Wh. E. Clarke. This action was brought by W. M. Tilley against T. J. Harrison, to recover damages for the breach of a written contract, and was commenced on the 6th September, 1889. The contract was dated October 1st, 1888, and was for the employment of D. A. Tilley, plaintiff’s adopted son, who was a minor, as clerk in the defendant’s store, for the term of twelve months, at a salary of $50 per month, payable…
Read the full summary
Appeal from the Circuit Court of Choctaw. Tried before Hon. Wh. E. Clarke. This action was brought by W. M. Tilley against T. J. Harrison, to recover damages for the breach of a written contract, and was commenced on the 6th September, 1889. The contract was dated October 1st, 1888, and was for the employment of D. A. Tilley, plaintiff’s adopted son, who was a minor, as clerk in the defendant’s store, for the term of twelve months, at a salary of $50 per month, payable monthly. The first paragraph of the contract, which was signed by the defendant alone, contained a stipulation that D. A.…
1Opinion of the CourtClopton, J.
The q uestion presented by the demurrer to the complaint is the right and capacity of appellant to bring *297and maintain, in his own name, an action on the contract which is set out in the complaint. Plaintiff’s right to maintain the action depends upon the question, whether under the contract he is the party entitled to receive the money promised to he paid, and can legally discharge the debtor. If this be so, whether he holds the money for the use of another when collected, is immaterial, and does not affect the right to sue in his own name on the contract. The inquiry involves consideration…
2Cases cited1 opinion
- Hirschfelder v. MitchellSupreme Court of Alabama · 1875
3Cited by8 opinions
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Murphree v. HansonSupreme Court of Alabama · 1916
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Prince v. PrinceSupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.