Struthers v. Drexel

Citations

• 122 U.S. 487
• 7 S. Ct. 1293
• 30 L. Ed. 1216
• 1887 U.S. LEXIS 2127

Syllabus

<p>If a record in error contains the charge in full, with a memorandum at the close that certain portions are excepted to, but they are not verified or ’ included in a proper bill of exception, it is not part of ti. record for any purpose.</p> <p>S. contracted with D. in writing, in which, after reciting that D. had purchased 400 shares of a certain stock at $50 per share, S., in consideration of one dollar, agreed at the end of one year from date if D. desired to sell the shares at the price paid, to purchase them of him and pay that amount with interest. When the time expired, D. elected to sell, and tendered the stock; and, S. refusing to take it and pay for it, D. sued him for the contract price,.declaring on a contract whereby the plaintiff sold and agreed to deliver to defendant 400 shares of the stock at $50 per share, to be paid by defendant on delivery, in consideration whereof the defendant undertook and promised to accept the stock and pay for the same on delivery. Held, That this declaration set forth properly the legal effect of the contract, and the omission of the statement of the nominal consideration was immaterial, and need not be proved.</p> <p>The letter of the defendant in error'of March 20, 1876, was admissible in evidence.</p> <p>When a declaration in assumpsit contains a special count, under which on . the proofs the plaintiff can recover, and also general counts, an instruc- ' tion to the jury that the plaintiff can recover under the general counts, if it be erroneous, works no injury to the defendant.</p> <p>The transaction between the* parties, so far as disclosed by the record, was not a loan of money, and consequently no question of usury could arise.</p>