Martin v. Massie
Supreme Court of Alabama
Appeal from tlie 'Circuit Court of Montgomery. Tried before the Hon. John C. Anderson. This suit was brought by the appellee, P. 0. Massie^. against the appellant, William L. Martin, to recover of the defendant five hundred dollars ($500), the-amount claimed to be due the plaintiff under-' a certain contract by which the plaintiff agreed, to perform certain work for the defendant in codifying, the laws of Alabama.
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Appeal from tlie 'Circuit Court of Montgomery. Tried before the Hon. John C. Anderson. This suit was brought by the appellee, P. 0. Massie^. against the appellant, William L. Martin, to recover of the defendant five hundred dollars ($500), the-amount claimed to be due the plaintiff under-' a certain contract by which the plaintiff agreed, to perform certain work for the defendant in codifying, the laws of Alabama. The original complaint counted upon a special contract in writing which is set out therein. After the introduction of all the evidence in the case, upon the court intimating that it…
1Opinion of the CourtHaralson, J.
In Hawkins v. Gilbert, 19 Ala. 57, it was said for the court by Dargan, C. J., that “When one party has entered into a special contract to do certain work, or perform a specified service, and the work is done, but not in conformity with the terms of the contract, yet, if it be accepted and was beneficial to the party for whom it was to be performed, the party performing the work or rendering the service, may recover on a quantum meruit, as much as the work of service-was reasonably worth, notwithstanding it be not performed according to the terms of the special contract.” Under the principle…
2Cases cited12 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Stafford v. SibleySupreme Court of Alabama · 1894
- Abercrombie & Williams v. VandiverSupreme Court of Alabama · 1899
- Bell v. TeagueSupreme Court of Alabama · 1887
- Jonas v. KingSupreme Court of Alabama · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Smith v. SharpeSupreme Court of Alabama · 1909
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Conoly v. HarrellSupreme Court of Alabama · 1913
17 more not listed; retrieve them via the Exa API.