1 Minor 41
Decided December 15, 1821
Supreme Court of Alabama · decided 1821-12-15
BROWN declared' against Cabiness on a special parol oontract, for the sale of the whole of plaintiff’s crop of tobacco at 6t cents a pound, to be delivered at Brown’s house, and averred that he delivered 8103 pounds, and was then: and there ready, and offered to deliver the residue of his cr0p) amounting to 5000 lbs. more, which defendant neg~ lected and refused to receive.
Decided 1821-12-15
¶1delivered the opinion of the Court.
¶2The statement of .the Contract, and the only material part of the averment, was proved as set out in the declaration. The other part of the averment, taken separately from the first, was immaterial, and not calculated to mislead, and it was unnecessary to prove it.
¶3Judgment affirmed. (3 Cra. 193, 208.)