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Report of Cases Argued and Determined in the Court of Appeals of Alabama (Volume 8)

Report of Cases Argued and Determined in the Court of Appeals of Alabama (Volume 8)


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This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1914. Not illustrated. Excerpt: ... Tilley v. Bartow. made against it cannot be sustained. The assumption indulged by the appellant is that the relations and rights of the parties were governed exclusively by the written contract which he offered in evidence. The fault in this assumption is that it ignores the existence of evidence in the case which was introduced without objection and which had a tendency to prove that the dealings between the parties were had under a contract different in material respects from the one disclosed by that writing. It is not to be doubted that the original agreement evidenced by the writing was subject to be altered or modified by the mutual consent of the parties to it, and that a stipulation in it requiring changes to be made in writing did not stand in the way of the parties ending the written contract by making a new verbal one which contradicted it; neither the old nor the new contract being within the influence of the statute of frauds.--Prcstwood v. Eldridge, 119 Ala. 72, 24 South. 729; Security Mutual IAfc Insurance Co. v. Riley, 157 Ala. 553, 47 South. 735; Jones on Evidence, 442. The testimony of the defendant was such as to furnish support for a finding that his services for the plaintiff were rendered under a contract entitling him to a salary of $175 a month, whether he wrote any insurance or not; that he rightfully terminated the contract because of the plaintiff's failure to pay the salary when due; and that the unpaid balance due him as salary was the amount awarded to him by the verdict. We cannot assent to the suggestion made in the argument of the counsel for the appellant that that testimony does not show that the original contract was modified or a new one made, but merely shows the version of the witness as to how the contract was...


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Product Details
  • ISBN-13: 9781154231748
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 236
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1154231747
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 426 gr


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Report of Cases Argued and Determined in the Court of Appeals of Alabama (Volume 8)
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