111 Ala. 397 | Ala. | 1895
The nature of this action appears in the report of a former appeal. — 104 Ala. 45 L. The storehouse was leased’to the plaintiff, Miss Master, by J. K„ Glennon as agent of the defendant, Mrs. Brown. The plaintiff was permitted to give evidence, through witness, Clarence Blalack, that before the attachment was sued out, he, the witness, went with his father, K. P. Blalack, to see Mr. Glennon about his father obtaining a transfer of plaintiff’s lease to himself for the remainder of her term, and that his father “wanted to get the lea-e for the balance of the year and twelve months afterwards, and it was satisfactory between him and Mr. Glennon when 1m left,” and Mr. Glennon said it would be satisfactory to him. The undisputed evidence, shown by the cross examination of Glennon by the plaintiff, was that no such interview was ever communicated to the defendant. It is true Glennon testified that when Mrs. Brown came to see him he told her what information he
Whether or not the defendant, in suing out the attachment, acted in good faith upon the advice of counsel given upon a full and fair statemen't to the counsel, of the facts known to the defendant, or which, by the exercise of reasonable diligence she ought to have known, was a question for the jury and not for the court.
Proof of the matter hypothesized in charge No. 20 requested by defendant, was not indispensable to a recovery by plaintiff, under the second count of the complaint. Independent of those facts a complete cause of action was alleged in the count, of which such facts were not descriptive or essential facts. The plaintiff was at liberty to prove the matter in question, in aggravation of damages.
There was no error in giving charge 4 requested by the plaintiff. It does not require the jury to give vindictive or punitive damages but merely authorizes it.
There was no error in the refusal of either of the charges requested by defendant.
Reversed and remanded.