Cross v. Worrall

Decided January 15, 1847

Supreme Court of Alabama · decided 1847-01-15

Writ of Error to the Circuit Court of Perry. Cross was sued by Worrall before a justice of the peace, and being cast, appealed to the circuit court, where the cause was tried de novo, but with a similar result. At the trial, it appeared that Cross, about December, 1845, let Worrall have a mule to keep for its feed, until the fall of the next year. The mule was an estray, taken up by one Whitman, for whom Cross was attending a mill.

Decided 1847-01-15

PER CURIAM.

¶1There is no room here to doubt the right of the plaintiff to a recovery. The contract was complete, that he should be allowed to keep the mule until the ensuing fall, subject to the contingency that the true owner *110should call for it. In violation of this contract, it was taken from him. It is not material to inquire whether the defendant is liable for the feed of the mule, or for the breach of the specific contract, as a suit for damages in the one or compensation for the other, might alike be in assumpsit.

¶2In cases of this nature, we shall never feel disposed to reverse a judgment merely on account of the different estimate which might be made of the damage. Judgment affirmed.