101 Ala. 333 | Ala. | 1893
Albert Short, the owner of certain real estate sold and conveyed the same to one A. Parish, who executed to his vendor, Short, his promissory note for six hundred dollars. Parish sold the same land to the North Alabama Development Company, the consideration being, that the North Alabama Development Company “assumed and agreed to pay at maturity the note executed by Parish to Short.” Short was not a party to the conveyance and agreement between Parish and the North Alabama Development Company. The
The precise question, and upon a contract containing the exact covenant and assumptions as in the case at bar, was recently decided in the circuit court for the Northern District of Alabama in the case of the North Alabama Development Co. v Orman, and the court held that Orman could maintain the action, citing the Alabama cases supra.
There was no error in the judgment rendered.
Affirmed.