Dickson v. Alabama MacHinery & Supply Co.
Alabama Court of Appeals
Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. Assumpsit by the Alabama Machinery & Supply Company against R. S. Dickson. Judgment for plaintiff, and defendant appeals. In view of the opinion it is not necessary to here set fprth the pleas referred to in the opinion. These pleas were- set-off and recoupment by way of damages to the wheat stored in the barn.
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Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. Assumpsit by the Alabama Machinery & Supply Company against R. S. Dickson. Judgment for plaintiff, and defendant appeals. In view of the opinion it is not necessary to here set fprth the pleas referred to in the opinion. These pleas were- set-off and recoupment by way of damages to the wheat stored in the barn. The court erred in instructing the jury to find for the plaintiff for the amount sued for. 43 Ala. 33; 165 Ala. 225, 01 South. 735; 30 Ala. 471; 56 Ala. 547; 66 Ala. 99; 81 Ala. 285, 1 South. 591; 101 Ala. 17,13 South.…
1Opinion of the CourtBrown, P. J.
There is no material conflict in the evidence as to the terms of the agreement between the parties relative to the undertaking of the plaintiff to roof the defendant’s barn. The- substance of this agreement was that the plaintiff was to furnish the defendant a “Federal elastic cement roof, at a price not to exceed $3 per square.” The defendant was to furnish the common labor, and the plaintiff was to furnish an ex pert roofing man to superintend the application of the roofing material and was to guarantee the roof for ten years. There was, however, a conflict in the evidence as to whether,…
2Cases cited9 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Woodward Iron Co. v. BrownSupreme Court of Alabama · 1910
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
- Pollak v. WinterSupreme Court of Alabama · 1910
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3Cited by2 opinions
- Dickson v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1921
- Southern Metal Treating Co. v. GoodnerSupreme Court of Alabama · 1960