Daniel v. Hughes
Decision Date | 01 June 1916 |
Docket Number | 6 Div. 362 |
Citation | 72 So. 23,196 Ala. 368 |
Parties | DANIEL v. HUGHES. |
Court | Alabama Supreme Court |
Appeal from City Court of Birmingham; John H. Miller, Judge.
Action by William H. Daniel against R.J. Hughes in assumpsit. Judgment for defendant and plaintiff appeals. Affirmed.
The amended count A is as follows:
Plaintiff claims of defendant $1,500 damages for the breach of an agreement entered into by him heretofore, to wit December 17, 1910, by which defendant promised in consideration of the settlement of the controversy between plaintiff and defendant to pay plaintiff $900 thereafter, to wit, on December 19, 1910, in settlement of said controversy and which offer plaintiff then and there accepted. Defendant breached said agreement in this, to wit, defendant refused and failed to pay said amount.
Count B is the same as count A, except that it alleges the controversy as follows:
Plaintiff and defendant had a controversy in reference to plaintiff's claim against defendant for the sale of or the procuring of a purchaser for defendant's land by plaintiff, and plaintiff and defendant agreed to settle such controversy, defendant there agreeing to meet plaintiff in Birmingham on the Monday next following the said agreement and then and there pay plaintiff $900 in settlement of said controversy, and plaintiff on his part then agreed to accept said sum in settlement of said controversy, and to be at said place at said time to receive said sum, his presence there on that occasion, and defendant's absence, and plaintiff's willingness, ability, and readiness to accept said sum since that time.
Harsh Harsh & Harsh, of Birmingham, for appellant.
Arthur L. Brown and F.D. Nabers, both of Birmingham, for appellee.
Practically every question presented on this appeal was settled adversely to appellant's contention upon former appeal (187 Ala 41, 65 So. 518), with perhaps the exception as to the plaintiff's right to recover under counts A and B, brought in the case by amendment at the last trial, and which were not considered upon the former appeal; the question being merely alluded to in a general way. These amended counts A and B, proceed upon the theory of a promise by the defendant to pay a fixed sum, in settlement of a dispute of controversy between the plaintiff and defendant, but neither of said counts aver that the defendant was due the plaintiff anything upon the matter or transaction out of which the controversy arose, or any other facts showing that the controversy was supported by a valuable consideration.
While some confusion may have existed in some of our earlier cases as to what would be a sufficient consideration to support a contract based upon the settlement of a dispute or controversy between the parties thereto, it is now well settled that the existence of a mere controversy will not suffice unless based upon some consideration in the shape of something beneficial to one party or detrimental to the other.
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