Benziger v. Miller
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. P. 0. Harper. This action was brought by Wilhelmina Benziger, an infant, who sued by her father as her next friend, against John Miller, to recover damages for the defendant’s breach of a contract, made between him and the plaintiff’s father, for the plaintiff’s employment as a teacher of music in the “ Wilcox Female Institute ” at Camden, of which the defendant was in charge as principal, at a salary of $700 for…
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. P. 0. Harper. This action was brought by Wilhelmina Benziger, an infant, who sued by her father as her next friend, against John Miller, to recover damages for the defendant’s breach of a contract, made between him and the plaintiff’s father, for the plaintiff’s employment as a teacher of music in the “ Wilcox Female Institute ” at Camden, of which the defendant was in charge as principal, at a salary of $700 for the scholastic year commencing on the 7th October, 1867, and continuing nine months. The original complaint contained a…
1Opinion of the CourtB. F. Saffold, J.
The appellant, by action of assumpsit, claimed to recover of the appellee damages, in separate *208counts, for breach, first of a verbal contract, and secondly of a written contract. Some of the common counts appropriate to the cause of action were added. The defences were, the general issue, the statute of frauds in respect to agreements not to be performed within the year, payment, set-off, and recoupment.
The defendant and William Benziger, the father of the plaintiff, and her next friend, by letters first, and afterwards in a personal interview, the plaintiff being present and participating,…
2Cases cited3 opinions
- Mason v. HallSupreme Court of Alabama · 1857
- Huckabee v. MaySupreme Court of Alabama · 1848
- Murrell v. WhitingSupreme Court of Alabama · 1858
3Cited by9 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1896
- Madison County. Board of Education v. WigleySupreme Court of Alabama · 1972
- Barger v. JEFFERSON CTY. BD. OF ED.Supreme Court of Alabama · 1979
- Harness v. Kentucky Fluor Spar Co.Court of Appeals of Kentucky · 1912
- Central of Ga. Ry. Co. v. McNabSupreme Court of Alabama · 1907
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