Tennesse & Coosa Railroad v. Armstrong
Supreme Court of Alabama
•Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was an action "brought by the appellees, Danfortli & Armstrong, against the appellant, the Tennessee & Coosa Railroad Company, to recover for work and labor done under a contract for the construction of a railroad, and for damages resulting from an alleged breach of said contract.
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•Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was an action "brought by the appellees, Danfortli & Armstrong, against the appellant, the Tennessee & Coosa Railroad Company, to recover for work and labor done under a contract for the construction of a railroad, and for damages resulting from an alleged breach of said contract. The purposes of the case, the pleadings, and the material facts are substantially the same as were disclosed on the former appeals of this case, and found reported in 93 Ala.'614, and 99 Ala. 332.The facts pertaining to the rulings of…
1Opinion of the CourtMcCLELLAN, J.
This cause has been twice before in this court on appeals by the present appellant, the Tennessee & Coosa Railroad Co.— (93 Ala. 614 and 99 Ala. 331). We shall adhere to the opinions -delivered on these former appeals in respect of those of the questions, now again presented, which were then considered.
On the first appeal, it was held, among other things, that where, under a contract for work and labor and materials, the work and labor has been done and performed in part and materials have been in part supplied, and after this the party obligated thereto has been prevented by the other party…
2Cases cited3 opinions
- Culver v. Alabama Midland Railway Co.Supreme Court of Alabama · 1895
- Danforth v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- Danforth & Armstrong v. Tennessee & Coosa River RailroadSupreme Court of Alabama · 1892
3Cited by19 opinions
- Alabama City G. & A. Ry. Co. v. AppletonSupreme Court of Alabama · 1911
- Andrews v. FriersonSupreme Court of Alabama · 1905
- Pollard v. American Freehold Land Mortgage Co. of LondonSupreme Court of Alabama · 1903
- State v. Lake St. Clair Fishing & Shooting ClubMichigan Supreme Court · 1901
- City of Chicago v. McKechneyIllinois Supreme Court · 1903
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