Corpening & Co. v. Worthington & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. ' This action was brought by the appellants against the appellees; and sought to recover under a written contract for work and labor done. The suit was for $12,000, and judgment was recovered by the plaintiff for $321.59. The plaintiffs prosecute this appeal, and assign as error the rulings of the court upon the pleadings.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. ' This action was brought by the appellants against the appellees; and sought to recover under a written contract for work and labor done. The suit was for $12,000, and judgment was recovered by the plaintiff for $321.59. The plaintiffs prosecute this appeal, and assign as error the rulings of the court upon the pleadings. The facts having reference to such of the pleadings as are reviewed by this court are sufficiently stated in the opinion.
1Opinion of the Court
HARALSON, J.-
The appellants, plaintiffs below, sued on a written contract, entered into by them and the defendants, wherein, in consideration of certain clearing, grubbing, masonry and grading of the railroad track of the Birmingham Mineral Railroad Company, in the construction of the road-bed in its building and extension, which the plaintiffs bound themselves to do, the defendants undertook, and agreed to pay them certain prices for the work to be done, averring that they had complied with all the provisions of said contract, on their part, and that defendants failed to comply with their…
2Cases cited2 opinions
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- Bolling & Son v. McKenzieSupreme Court of Alabama · 1889
3Cited by12 opinions
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Wefel v. StillmanSupreme Court of Alabama · 1907
- National Life Accident Ins. Co. v. BridgeforthSupreme Court of Alabama · 1929
- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- Treadwell v. TillisSupreme Court of Alabama · 1895
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