Electric Lighting Co. of Mobile v. Elder Bros.
Supreme Court of Alabama
Appeal fr’om the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was an action brought by the appellees against the appellant. In the first count of the complaint the plaintiff claimed of the defendant the sum of $2,500 damages, for the breach of the following contract: “Know all men by these presents, that Messrs.
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Appeal fr’om the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was an action brought by the appellees against the appellant. In the first count of the complaint the plaintiff claimed of the defendant the sum of $2,500 damages, for the breach of the following contract: “Know all men by these presents, that Messrs. Elder Brotliers of New Orleans, La., hereafter mentioned as party of the first part, and the Electric Lighting Company of Mobile, a corporation doing business in this city, and hereafter known as party of the second part, have made and entered into the…
1Opinion of the CourtBbickell, C. J.
This was an action by appellees against the appellant to recover for the breach of a contract to pay the stipulated price for the boring of an artesian well. The correctness of the rulings of the trial court will depend largely upon the construction of the contract, which was in writing and is set out in haec verba in the first count of the complaint. The first count assigns as the breach the failure of the defendant to comply with the provisions of the fourth paragraph of the agreement. There was no objection made to the complaint. The special count declaring on the contract is followed by…
2Cases cited15 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Doll v. . NobleNew York Court of Appeals · 1889
- Daggett & Graves v. JohnsonSupreme Court of Vermont · 1877
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
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3Cited by33 opinions
- Skagerberg v. Blandin Paper Co.Supreme Court of Minnesota · 1936
- Homa-Goff Interiors, Inc. v. CowdenSupreme Court of Alabama · 1977
- Pollard v. RogersSupreme Court of Alabama · 1937
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Jones v. LanierSupreme Court of Alabama · 1916
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