DocketNumber: 6 Div. 634.
Citation Numbers: 157 So. 462, 26 Ala. App. 234
Judges: SAMFORD, Judge.
Filed Date: 6/27/1934
Status: Precedential
Modified Date: 1/11/2023
The appeal is on the record, and presents for review rulings of the court on the pleadings only. The complaint is in detinue claiming one certain automobile truck. The pleas are in abatement and undertake to set up the proclamation of the President of the United States and the Governor of the state closing all the banks of the state on March 1, 1933, thereby rendering it impossible for defendant to comply with that certain retention title contract under which plaintiff claims title and his right of action. All of the facts are fully set out in the pleadings.
Admitting the legality of the proclamation of the President and of the Governor of Alabama, closing the banks on March 1, 1933, and declaring a bank holiday for a period covering March 10, 1933, the date of the bringing of this suit (see
In this case it is conceded that the title to the truck was and remained in plaintiff *Page 235
subject to being divested by the prompt payment of certain monthly installments, one of which was due March 4, 1933, and until such default the possession was rightfully in defendants. The only question, therefore, is, Was the payment of the March 4th installment deferred by the proclamation of the President and Governor above referred to, and, if so, is it here properly pleaded? It is not contended here that the payment of the installment due March 4th would have been illegal or that the contract for payment had been rendered permanently impossible of performance by any law which would justify its cancellation. For that reason, if for no other, the case of Greil v. Mabson,
The demurrer to the plea was properly sustained, and the judgment is affirmed.
Affirmed.