Tutwiler v. Burns
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Hendy A. Burns, administrator of John L. Burns, against E. M. Tutwiler, for breach of a building contract. Judgment for plaintiff. Defendant appeals..
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Hendy A. Burns, administrator of John L. Burns, against E. M. Tutwiler, for breach of a building contract. Judgment for plaintiff. Defendant appeals.. The contract was objected to because, in the preamble-of the same, a blank ivas left so as not to state who was. the party of the first part in said contract, and on the-further ground that there had been an alteration or-change in the terms of the contract. It seems that, when the architect drafted the contract, he left a blank, to be filled in with the contractor’s…
1Opinion of the CourtMcCLELLAN, J.
On former appeal in this case (not reported) it was ruled that the contract was admissible in evidence. No reason has been presented to us justifying, we think, repudiation of that holding. Several of the questions reargued are thereby eliminated from further consideration.
It was alleged in count 1 of the complaint that performance by plaintiff of the contract to construct the building was prevented by the issuance of an injunction at the instance of the defendant, the owner. It was objected, by demurrer to this count, that such averment did *391not show a breach, and that the maxim reading, “The…
2Cases cited6 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Borum v. BellSupreme Court of Alabama · 1902
- Tennesse & Coosa Railroad v. ArmstrongSupreme Court of Alabama · 1895
- Knox v. FairSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Carraway v. GrahamSupreme Court of Alabama · 1928
- H. P. Rieger & Co. v. KnightCourt of Appeals of Maryland · 1916
- City of Birmingham v. PooleSupreme Court of Alabama · 1910
- Alabama Great Southern Ry. Co. v. YountSupreme Court of Alabama · 1910
- Howell v. HowellSupreme Court of Alabama · 1923
7 more not listed; retrieve them via the Exa API.