57 So. 118 | Ala. Ct. App. | 1911
The defendant was not prejudiced by the action of the court in striking his third plea. The
The express or implied promise upon which such action is based requires a consideration for its legal support and existence; and the plaintiff cannot maintain his action when the evidence shows that the promise counted on was without consideration.—Matthews v. Turner, 2 Stew. & P. 239; Robinson v. Windham, 9 Port. 397; Ala. Gold Life Ins. Co. v. Mobile Mutual Ins. Co., 81 Ala. 329, 1 South. 561; 4 Cyc. 353; 2 Ency. of Pleading & Pr. 1029.
In view of the conflicting evidence set out in the bill of exceptions, the assignments of error based upon the refusal of the court to give the general affirmative charge requested by the defendant, and to grant his motion for a new trial, are clearly without merit.
Affirmed.