Baker v. Green
Alabama Court of Appeals
Appeal 'from Circuit Court, Cherokee County; W. W. Haralson, Judge. Assumpsit by Johnny Green against Joe W. Baker and C. N. Lowe. Judgment for plaintiff, and defendants appeal. The defendants and Young entered into an agreement for an aviator to make a certain number of flights at a fair in Cherokee county; the aviator specified being Bruner, who was to make loop flights.
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Appeal 'from Circuit Court, Cherokee County; W. W. Haralson, Judge. Assumpsit by Johnny Green against Joe W. Baker and C. N. Lowe. Judgment for plaintiff, and defendants appeal. The defendants and Young entered into an agreement for an aviator to make a certain number of flights at a fair in Cherokee county; the aviator specified being Bruner, who was to make loop flights. Something happened to Bruner’s plane ju.st before the date for the flights, and the plaintiff was sent as a substitute for Bruner, and when he arrived with. his plane he stated to the parties that he came as a substitute…
1Opinion of the CourtSamford, J.
[1] Count 3 of the complaint claimed for tire breach of a contract entered into between one Young and defendants, wherein Young agreed to furnish one expert aviator, with one areoplane, to make flights on the fair grounds in Cherokee county on October 24, 25, and 26, and the defendants agreeing to pay'to the aviator making the flights the amounts stipulated. It ' was further stipulated in the contract that the aviator should be “Bruner in looping flights.” There were other stipulations in the contract not necessary here to mention. It was alleged in the complaint that the defendants accepted…
2Cases cited2 opinions
- McGowin Lumber & Export Co. v. Camp Lumber Co.Alabama Court of Appeals · 1917
- Prestwood v. EldridgeSupreme Court of Alabama · 1898
3Cited by2 opinions
- Alabama Terminix Company v. HowellSupreme Court of Alabama · 1963
- Columbia Pictures Corp. v. Lawton-Byrne-Bruner Ins.Court of Appeals for the Eighth Circuit · 1934