Alabama Construction Co. v. Watson
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. John Peli-tam. Assumpsit by W. L. Watson against the Alabama Construction Company. Prom a judgment for plaintiff, defendant appeals. The first complaint contained three counts: (1) For work and labor done by plaintiff for defendant at its request. (2) Account due between plaintiff and defendant. (3) Work and labor done by plaintiff for the defendant at its request in railroad grading at or near I-Ialeyville.
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Appeal from Calhoun Circuit Court. Heard before Hon. John Peli-tam. Assumpsit by W. L. Watson against the Alabama Construction Company. Prom a judgment for plaintiff, defendant appeals. The first complaint contained three counts: (1) For work and labor done by plaintiff for defendant at its request. (2) Account due between plaintiff and defendant. (3) Work and labor done by plaintiff for the defendant at its request in railroad grading at or near I-Ialeyville. Counts Í and 3 of the amendment complaint claim for: (1) Work and labor done by plaintiff and T. P. Harrison, as partners under the…
1Opinion of the CourtAnderson, J.
The only question presented by this Record is < whether or not the first and third counts offered as an amendment were such a departure from the original complaint as to constitute an entirely new cause of action. The original complaint was for an account between the plaintiff and the defendant and for work done by the plaintiff for the defendant. The amended counts 1 and 3 claim for work done by the plaintiff and one Harrison as partners and for an account stated between said parties. It is true the amended counts aver-the acquirement of Harrison’s interest before the commencement of the…
2Cases cited2 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Ivy Coal & Coke Co. v. LongSupreme Court of Alabama · 1903
3Cited by5 opinions
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- McCrory v. GuytonSupreme Court of Alabama · 1910
- Metzger Brothers, Inc. v. FriedmanSupreme Court of Alabama · 1971