The Montgomery advertiser., 1903-04-15
Reversed and remanded. Opinion by Haralson, J.

CULVER V. CALDWELL, as Adm'r. etc. | Action for Breach of Contract.-Appedl | from the Circuit Court of Bullock. l. Contracts; pleading; consideration; | illegality.-The counts of a complaint
 showed that plaintiff was surety on the Commissioner of Agriculture; that said Commissioner of Agriculture represented | to plaintiff that said Chief Clerk was in l debted to the State of Alabama and that | plaintiff as surety on his bond was liable ! for said indebtedness; that tnereupon plaintiff and said commissioner agreed | that plaintiff was to give his note for l S1, 900 to said Commis ssioner, plaintiff to | he thereby relieved of all claim against | him as surety on said bond and the Com missioner agreed to refund said sum as fast as 1 can spare .lme from my salary as State Agricultural Commissioner" and that plaintiff had given and paid said note, but that defendant 'said Com sioner), had failed to refund said money. Held, That the complaint being silent as to how plaintiff was to be relieved from liability on said bond, 1t was not demurr- able as showing that oaid contract was illegal or against public policy; and that the note given was prlma tacle con- sideration for defendants agreement Z. Same; agreement, when not void for uncerta1nty.-An agreement to refund to another certain sum ''as fast as l can spare same from my salary, is not void for uncertainty. and Is to be construed IS giving the promisor a reasonable time to acquire from the expected source the
 money to be refunded, and not to acquit him of the obligation to refund in case he found it inconvenient to spare money
 from that source.
 3. Appeal; review; motion to strike.- The ruling on a motion to strike part
 of pleading will not be reviewed unless
 1t Is shown by bill of exceptions.
 {. Evidence; parol: what may be shown
 by.-In an action for breach of contract.
 where an issue in the case was whether
 State officer, on whose bond plaintiff was surety, was liable to the State on
 said bond, 1t is proper to allow the State
 Examiner of Public Accounts to testify
 that he made an examination of accounts
 of said officer, that fact being provable
 by parol and relevant to the Issues.
 5. Same; admissions by defendant.-In
 an action for breach of contract in fail-
 ing to refund SA plaintiff certain money
 which defendant agreed to refund, in
 consideration of plaintiff paying that sum in discharge of a liability of plaintiff and defendant to the State, by reason Of an
 indebtedness of defendants clerk on his official bond. evidence Is admissible as to admissions made by defendant (State Commissioner of Agricultural that he had caused entries to be made In the De-
 partment's books showing sales of fer ttlizer tags which were not sold.
 6. Evidence; variance; collateral mat ters.-Where the giving or note was only collaterally involved in suit, and | the complaint indicated that there was but one signature 70 the note, the fact | that 1t in fact bore two signatures does | not constitute material variance.
 2. Evidence; report of State Examiner of Public Accounts.-The report of the | State Examiner of Public Accounts, show | ing an indebtedness of public officer.
 made after an agreement between two persons contemplating the payment of | such indebtedness Is not admissible In | evidence in an action for a breach of said | agreement.
 s. Trial; joining issue on plea; effect. of. A-Where issue is joined on pleas with