Stone v. Dennis
Supreme Court of Alabama
QUESTIONS IN THIS CASE. The effect of an agreement to arbitrate a claim, upon the right of action thereon. Whether covenant lies for the breach of a contract, contemplating a copartnership. As to the breach of covenants difficult to be performed. As to the plea of performance of covenants. Excuse for breach of covenant — how far available, in mitigation of damages. in error from Mobile Circuit Court.
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QUESTIONS IN THIS CASE. The effect of an agreement to arbitrate a claim, upon the right of action thereon. Whether covenant lies for the breach of a contract, contemplating a copartnership. As to the breach of covenants difficult to be performed. As to the plea of performance of covenants. Excuse for breach of covenant — how far available, in mitigation of damages. in error from Mobile Circuit Court. This action was covenant, bj Dennis, and was instituted for the recovery of damages, for a breach of an agreement entered into, between the parties. The declaration charged, that Stone and Dennis…
1Opinion of the CourtHitchcock, J.
This was an action of covenant, brought by the defendant in error, against the plaintiff, to recover damages for the breach of a contract *235entered into between them. The declaration sets out the contract at large ; it. is very long,, and contains many provisions, not necessary to be noticed in this investigation.
The substance of so much as is necessary, is as follows, to-wit: That Stone being desirous of erecting certain saw mills upon a tract of land he had then recently purchased, situated between Bogue Homo and Chickasaw Bogue, at a place called the Ship Landing, in the county of Mobile,…
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