Dickens v. Murray & Peppers
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before' Hon. Samuel B. Browne. Action by Murray & Peppers against Charles C. Dickens. Judgment for plaintiffs, and defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before' Hon. Samuel B. Browne. Action by Murray & Peppers against Charles C. Dickens. Judgment for plaintiffs, and defendant appeals. For the facts in this case, see the former report thereof in 149 Ala. 240, 42 South. 1031. The following ■charges were given at the request of the plaintiff: (2) “If you are reasonably satisfied' from the evidence in this case that the plaintiffs rented the hoister to the ■defendant- at $10 per day, and that the defendant used the hoister under the contract, then you must find for the plaintiffs, unless you'are…
1Opinion of the CourtDowdell, C. J.
This is an action on the common counts. The pleas are the general issue and payment. There is no dispute as to the terms of the con*559tract, which was verbal, for the rent of the boat and hoist. The rent was at the rate of $10 per day while the boat and hoist were operated. It ivas agreed in open court that $750 had been paid on the rent under the verbal contract, fixing it at the rate of $10 per day while the machine was in use, and which said contract covered a period from September 28, 1903, to April 5, 1904. The real controversy is as to the number of days the machine was in use.
In…
2Cases cited1 opinion
- Murray & Peppers v. DickensSupreme Court of Alabama · 1906
3Cited by7 opinions
- Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Moundville Lumber Co. v. WarrenSupreme Court of Alabama · 1919
- Brown v. StateAlabama Court of Appeals · 1936
- Little v. ThomasSupreme Court of Alabama · 1920
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