De Kalb County v. McClain
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County; W. W. Haralson, Judge. Action by W. M. McClain against De Kalb County. Judgment on directed verdict for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Act April 18, 1911, p. 449, § 6.
1Opinion of the CourtMayfield, J.
The county of De Kalb contracted with appellee to purchase from him chert and gravel for the purpose of improving and maintaining the public roads of the county. Appellant county was to dig and haul the road-making material from the land of appellee at an agreed price to the latter per cubic yard. A stated quantity of the material was so dug, hauled, and used by the county. But the county declines to pay appellee therefor, basing its declination upon the fact that the material used by it was ■mineral matter, and that appellee did not own the minerals on and in the land from which said…
2Cases cited7 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Black Warrior Coal Co. v. WestSupreme Court of Alabama · 1910
- Brooks v. RogersSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Green v. MarlinSupreme Court of Alabama · 1929
- Ex Parte HaleSupreme Court of Alabama · 1944
- Birmingham Electric Co. v. RyderSupreme Court of Alabama · 1932
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Ward v. MeadowsSupreme Court of Alabama · 1921
1 more not listed; retrieve them via the Exa API.