Ragland v. Wood
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before lion. LeRoy F. Box. This action was brought by Arthur T. Wood against George L. Ragland, to recover damages for the breach of a contract, made by the defendant with one Henry W. Truss, which is in the words and figures following; ‘‘During the years 1877 and 1878,1 promise to pay Henry W. Truss, a member of the firm of Truss, Wood & Co., forty-four thousand three hundred and ninety feet of merchantable, square-edged lumber, to…
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Appeal from Talladega Circuit Court. Tried before lion. LeRoy F. Box. This action was brought by Arthur T. Wood against George L. Ragland, to recover damages for the breach of a contract, made by the defendant with one Henry W. Truss, which is in the words and figures following; ‘‘During the years 1877 and 1878,1 promise to pay Henry W. Truss, a member of the firm of Truss, Wood & Co., forty-four thousand three hundred and ninety feet of merchantable, square-edged lumber, to be delivered, one-half during the year, 1877, and one-half during the year, 1878, as a part payment for the purchase of…
1Opinion of the CourtSomeryille, J.
The contract here sued on is one for the delivery of property, and not for the payment of money, and a written transfer would be necessary in order to authorize an assignee to bring suit on such an instrument in his own name.-Code, 1876, § 2890. It is equally evident that a complaint would be subject to demurrer, which failed to aver, on the face of it, such Vritten transfer of the legal title to the plaintiff bringing the suit.-Phillips v. Sellers, 42 Ala. 658.
The first count alleges that the obligation in question' was “ duly transferred ” to the plaintiff.' This -was clearly insufficient,…
2Cases cited9 opinions
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- Lobdell v. HopkinsNew York Supreme Court · 1826
- Johnson v. BairdIndiana Supreme Court · 1832
- Phillips v. SellersSupreme Court of Alabama · 1868
- Enloe v. ReikeSupreme Court of Alabama · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McDonald v. McDonaldSupreme Court of Alabama · 1926
- Alabama City, G. & A. Ry. Co. v. City of GadsdenSupreme Court of Alabama · 1913
- Baker v. HowisonSupreme Court of Alabama · 1925
- Lake-side Land Co. v. DromgooleSupreme Court of Alabama · 1889
- Linam v. JonesSupreme Court of Alabama · 1901
3 more not listed; retrieve them via the Exa API.