47 So. 340 | Ala. | 1908
Lead Opinion
Acts 1903, p. 345, amending section 4730 of the Code of 1896, provides that “any person who, with intent to injure or defraud his employer, enters into a contract in writing for the performance of any act or service, and thereby obtains money or other personal property from such employer,” etc. It is clear
The trial court erred in not sustaining the objection to the introduction of the contract in evidence, and the judgment is reversed, and one is here rendered discharging the defendant.
Concurrence Opinion
(concurring.) It appears, and that without conflict, “that just previous to entering into the trial of this case, and on the day of the trial, the defendant had tendered him (Whatley) $3 in payment of that which he had let him (defendant) have at the time of the execution of the contract,” and that Whatley had refused the tender. I think this action on the part of the defendant could only be taken as an