Ledlow v. Becton
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. John E. Moore. This action was brought by Frederic L. Beeton, against Mrs. Rebecca Ledlow, to recover the amount of an open-account for goods, wares and merchandise, sold and delivered during the year 1857. The defendant pleaded the general issue, payment, set-off, and the statute of frauds; and issue was joined on all these pleas.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. John E. Moore. This action was brought by Frederic L. Beeton, against Mrs. Rebecca Ledlow, to recover the amount of an open-account for goods, wares and merchandise, sold and delivered during the year 1857. The defendant pleaded the general issue, payment, set-off, and the statute of frauds; and issue was joined on all these pleas. On the trial, as the bill of exceptions states, the plaintiff read in .evidence the account on which the suit was founded, and then introduced his clerk as a witness,, who testified, “that the…
1Opinion of the CourtR. W. Walker, J.
The contract- in this case was not within the statute of frauds, because there was no undertaking to answer for the debt or default of another. It is not pretended that the estate was liable for the goods sold ; and a promise cannot be collateral, unless there be some one who owes the debt directly. — Sanford v. Howard, 29 Ala. 691; 2 Pars. Contr. 301. It is well settled, that where one assumes to act as agent for another, without having authority for that purpose, he will be personally responsible to the person with whom he deals— Story on Ag. § 264; Lazarus v. Shearer, 2 Ala. 725; Howard v.…
2Cases cited1 opinion
- Lazarus v. ShearerSupreme Court of Alabama · 1841
3Cited by6 opinions
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Clark v. Jones & BrotherSupreme Court of Alabama · 1888
- Peavy v. GriffinSupreme Court of Alabama · 1907
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
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