Pollak v. Brush Electric Ass'n of St. Louis

Citations

• 128 U.S. 446
• 9 S. Ct. 119
• 32 L. Ed. 474
• 1888 U.S. LEXIS 2236

Syllabus

<p>In Alabama, when a defendant pleads specially and generally, and the special plea contains nothing of which the defendant cannot avail himself under the general issue, an error in sustaining a demurrer to the special plea, as it works no injury, constitutes no ground for reversal.</p> <p>In Alabama a written agreement between the parties may be read in evidence without proof of its execution, unless the execution is denied by plea, verified by affidavit.</p> <p>The agreement which formed the subject of controversy in this action related to a renewal of the existing contract of the plaintiff in error for lighting certain streets in Montgomery, and not to an enlargement of that contract so as to include other streets; and being so construed, the requisite renewal was effected by the acts of the parties referred to in the opinion of the court, without a written contract, covering a fixed ■period of time.</p> <p>Covenants aré tó be considered dependent or independent, according to the intention of .the parties, to be deduced from the whole instrument;- and • ,m this case the covenants of the plaintiff in error, to pay money for goods sold, and delivered, were independent of the covenants of the defendant ' in error,to transfer certificates of stock in a corporation.</p>