Walstrom v. Oliver-Watts Construction Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the' Oliver-Watts Construction Company against P. F. Walstrom on a building contract. Judg- ment for plaintiff and defendants appeal. On the question of when recovery may be had on the common count or quantum meruit, when there is a special contract, counsel cite the following authorities. — Cunningham’s Case, 44 South. 1016; 2 Mayf.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by the' Oliver-Watts Construction Company against P. F. Walstrom on a building contract. Judg- ment for plaintiff and defendants appeal. On the question of when recovery may be had on the common count or quantum meruit, when there is a special contract, counsel cite the following authorities. — Cunningham’s Case, 44 South. 1016; 2 Mayf. Dig. sec. 333. Charges as to what, constitutes an acceptance requested by the defendant should have been given. — Armes v. Winclhaon, 34 .South. 816; Dams v. Badders, 95 Ala. 348. Use…
1Opinion of the CourtMayfield, J.
This was an action upon an express contract, to which were joined the common counts. The *610complaint contained four counts, three of which declared upon the expressed contract to construct the Avails óf a house, and the other upon the common counts, and sought to recover a balance due; there having been a part payment, and the defendant having occupied and used the house. The contract was in words and figures as folloAvs:
“August 4, 1906.
“Mr. Sidney Ullman, City — Dear Sir: We will make and deliver blocks as per our agreement on lot opposite Glen Iris gate for 23 cents per block. We will also…
2Cases cited10 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Bell v. TeagueSupreme Court of Alabama · 1887
- Merriweather v. TaylorSupreme Court of Alabama · 1849
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Fox v. WebbSupreme Court of Alabama · 1958
- Town of Saugus v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Moss v. Best Knitting MillsSupreme Court of North Carolina · 1925
18 more not listed; retrieve them via the Exa API.