Woodstock Iron Co. v. Reed
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. The appellees, Beed and Partlow, sued the appellant, “The Woodstock Iron Company,” for an alleged breach of an oral contract. The complaint contained three counts, the first and second of which were, respectively, on an account stated and for work and labor done, and the third was a special count on the contract as testified to by the plaintiffs. The pleas were non assumpsit, payment, and set-off.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. The appellees, Beed and Partlow, sued the appellant, “The Woodstock Iron Company,” for an alleged breach of an oral contract. The complaint contained three counts, the first and second of which were, respectively, on an account stated and for work and labor done, and the third was a special count on the contract as testified to by the plaintiffs. The pleas were non assumpsit, payment, and set-off. The material facts of the case are stated in the opinion. The plaintiffs introduced in evidence certain portions of two…
1Opinion of the CourtStone, C. J.
— The present action counts on the alleged breach of an oral contract. The two plaintiffs, Reed and Part-low, each testified as to the terms of the contract. Noble, secretary and treasurer of the Woodstock Iron Company, *307also testified to what he said were the terms of the contract. The different versions are not entirely in harmony. The following is a synopsis of the facts and the terms of the contract, according to Noble’s testimony :
The Woodstock Iron Company owned a tract of land, or the timber on it, of about eighty acres. On it were about two thousand cords of wood, ready cut and corded,…
2Cases cited4 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Tarleton v. Goldthwaite's HeirsSupreme Court of Alabama · 1853
- Stetson v. LyonsSupreme Court of Alabama · 1859
3Cited by2 opinions
- Continental Oil Co. v. City of Twin FallsIdaho Supreme Court · 1930
- Woodstock Iron Co. v. Reed & PartlowSupreme Court of Alabama · 1887