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Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
Crawford, for plaintiff; Elliott, for defendant
THE CHIEF JUSTICEIt appears from the record, that the specialty which is the foundation of the action, is payable to Wilson as agent, etc, and that the only express contract to pay, is to him, and not the his principal. Although a person cannot by virtue of a mere agency, maintain an action in his own name on a contract express or implied, yet if on obligation or promise be made t one calling him agent of another, he may maintain an action thereon in his own name. His styling himself agent in this writ and declaration is necessary only so far as is required in order to make the count correspond with the evidence. The court below did then not err in overruling the plea of abatement as to this matter.
On the second assignment, the defense confesses error, and therefore the judgment must be reversed.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 12.
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