Catanzano v. Jackson
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by B. E. Jackson and another, doing business under the firm name of Jackson & Syphus, against Alice D. Catanzano, for work and labor done and materials furnished. Judgment for plaintiffs, and defendant appeals.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by B. E. Jackson and another, doing business under the firm name of Jackson & Syphus, against Alice D. Catanzano, for work and labor done and materials furnished. Judgment for plaintiffs, and defendant appeals. The court gave the following charges at plaintiffs’ request: (4) If the jury find from .the evidence that defendant’s architect, acting on behalf of defendant, accepted the work performed by plaintiffs in constructing a house, or any portion of the .same, then defendant is liable to plaintiff for the reasonable…
1Opinion of the CourtThomas, J.
The submission was on motion to dismiss the appeal and on the merits. We will consider the cause on its merits. The suit was for work and labor done and material furnished at defendant’s request. The assignments of error challenge the action of the court in the admission of evidence and in the giving of written charges requested by plaintiffs.(1) Recovery upon a contract cannot be had without showing performance (2 Greenl. Ev. [16th Ed.] § 104) ; yet where a partial performance has resulted in benefits that were accepted by the other party, or the contract was abandoned by mutual consent, or…
2Cases cited24 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
- Prince v. StateSupreme Court of Alabama · 1893
- Torrey v. BurneySupreme Court of Alabama · 1896
- Russell v. BushSupreme Court of Alabama · 1916
19 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- BOARD OF WATER & SEWER COM'RS v. Bill Harbert Const. Co.Supreme Court of Alabama · 2003
- Alabama Trunk & Luggage Co. v. HauerSupreme Court of Alabama · 1926
- Regional Agricultural Credit Corp. v. HendleySupreme Court of Alabama · 1948
- George v. RobertsSupreme Court of Alabama · 1921
8 more not listed; retrieve them via the Exa API.