Gerald & Chambers v. Tunstall
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Andekson. This action was brought by the appellants, (Jerald & Chambers, against the appellee, Peyton R. Tunstall.,, The opinion describes the pleadings in the case. The plaintiffs reserved exceptions to the several rulings of the trial court on questions of evidence which are considered in the opinion.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Andekson. This action was brought by the appellants, (Jerald & Chambers, against the appellee, Peyton R. Tunstall.,, The opinion describes the pleadings in the case. The plaintiffs reserved exceptions to the several rulings of the trial court on questions of evidence which are considered in the opinion. It was shown that the work provided for in the contract mentioned in the defendant’s two special pleas was not completed until the 19th dayjof January, 1895. The plaintiffs requested the court to give the following…
1Opinion of the Court
COLÉMAN, J.
The action is in assumpsit, and the complaint contains two counts. The first- is in common form tor work and labor done ; and the second is to recover a balance due on a contract made between plaintiff and defendant, by which the former agreed to furnish material and make certain alterations and repairs on the dwelling of the defendant for a stipulated amount. The defendant filed three pleas, the first being the general issue, and the second and third were special pleas, to both counts of the complaint. The cause was tried upon issue joined upon the pleas of the defendant. In…
2Cited by3 opinions
- Nichols v. RaschSupreme Court of Alabama · 1903
- Cogburn v. StateAlabama Court of Appeals · 1917
- Home Supply Co. v. AlmonAlabama Court of Appeals · 1917