Legal Opinion

Rose v. Thompson

Supreme Court of Alabama

Decided January 15, 1850PublishedCited by 7 opinions

Error to the Circuit Court of Coosa. Tried before the Hon. Geo. D. Shortridge. This case commenced in a justice’s court by the defendant against the plaintiff in error, to recover fifty dollars for work and labor done by him as an artist in painting a landscape for the plaintiff. The justice rendered a judgment for fifty dollars and costs against the plaintiff in error, and from that judgment he appealed to the Circuit Court.

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Error to the Circuit Court of Coosa. Tried before the Hon. Geo. D. Shortridge. This case commenced in a justice’s court by the defendant against the plaintiff in error, to recover fifty dollars for work and labor done by him as an artist in painting a landscape for the plaintiff. The justice rendered a judgment for fifty dollars and costs against the plaintiff in error, and from that judgment he appealed to the Circuit Court. It appeared by the bill of exceptions that the defendant in error at one time claimed sixty dollars, which the plaintiff in error refused to pay, but offered to pay…

1Opinion of the CourtChilton, J.

The testimony of the witness Taylor was clearly admissible. He proved that the defendant below, when informed of the proposal of the plaintiff to let him have the painting at fifty dollars, to be paid said witness or left at the store of Mr. Perse, replied that he had offered to pay the fifty dollars once, and that he should not do so again, but expressed himself perfectly satisfied with the picture. That the witness did not communicate to the defendant all that Thompson said, when it does not appear that the remaining portion of the message could in any wise affect the legality of the proof,…

2Cases cited4 opinions

  1. Donnell v. JonesSupreme Court of Alabama · 1848
  2. Pruitt v. StuartSupreme Court of Alabama · 1843
  3. Cothran v. WeirSupreme Court of Alabama · 1841
  4. Williams v. HintonSupreme Court of Alabama · 1840

3Cited by7 opinions

  1. Allen v. ZickosAlabama Court of Appeals · 1953
  2. Glaze v. BlakeSupreme Court of Alabama · 1876
  3. Gager v. Doe, ex dem. GordonSupreme Court of Alabama · 1856
  4. Vaughan v. RobinsonSupreme Court of Alabama · 1852
  5. Allen v. ZickosAlabama Court of Appeals · 1953

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