Offutt v. Wells
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before Hon. George Goldthwaite. This action was brought by R. H. Offutt against J. H, & T. S. Wells, partners, and sought to recover damages for the breach of an agreement entered into between the parties.
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Appeal from the Circuit Court of Montgomery. Tried before Hon. George Goldthwaite. This action was brought by R. H. Offutt against J. H, & T. S. Wells, partners, and sought to recover damages for the breach of an agreement entered into between the parties. The suit was commenced by the suing out of an attachment on the 9th November, 1861. The complaint was as follows : “The plaintiff claims of the defendants, merchants and copartners, &c., ten thousand dollars, for the breach of an agreement, entered into by the defendants with the plaintiff, on the 22d day of October, 1861, by which the…
1Opinion of the CourtByrd, J.
Under the charge of the court, the question whether the evidence shows that the parties made a contract, does not arise. But admitting that a contract was made as shown by the evidence, the question is, was it incumbent on the appellant to prove that “he offered to pay, or was able to pay,” before he brought suit ?
A contract of sale is perfect when all the terms are agreed upon by the parties, and they mutually bind themselves to perform their respective obligations imposed thereby. If an article is contracted to be sold at a certain place, that is the place of delivery, in the absence of any…
2Cases cited3 opinions
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Davis v. AdamsSupreme Court of Alabama · 1850
- Robbins v. HarrisonSupreme Court of Alabama · 1857
3Cited by8 opinions
- Moss v. KingSupreme Court of Alabama · 1914
- Coley v. EnglishSupreme Court of Alabama · 1923
- Veitch v. Atkins Grocery & Commission Co.Alabama Court of Appeals · 1912
- Finklea v. GarrickSupreme Court of Alabama · 1932
- Jones v. BallardAlabama Court of Appeals · 1923
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