Forst v. Leonard
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. J. J. Banks . This action was brought by the appellants, M. Forst, and her husband, A. Forst, against H. N. Leonard, S. J. Alfred, William B. Gere, John A. Hall, E. D. Phillips and E. M. Robinson ; and sought to recover of the defendants a certain designated sum of money, for the breach of the conditions of a bond, which was executed by the defendants to secure the faithful performance by the defendants, H. N.…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. J. J. Banks . This action was brought by the appellants, M. Forst, and her husband, A. Forst, against H. N. Leonard, S. J. Alfred, William B. Gere, John A. Hall, E. D. Phillips and E. M. Robinson ; and sought to recover of the defendants a certain designated sum of money, for the breach of the conditions of a bond, which was executed by the defendants to secure the faithful performance by the defendants, H. N. Leonard and S. J. Alfred of a building contract, in which they agreed to erect a certain building for the plaintiffs.…
1Opinion of the CourtMcCLELLAN, J.
If it was error to exclude the proposed testimony of Forst, to the effect that the estimates attached to the deposition of Hilliker were the original estimates paid by the witness to Leonard and Alfred, no injury resulted therefrom to the plaintiff. That these were the original estimates had been shown by the evidence of Iiilliker, who made them, as also by this witness himself in effect, and that the plaintiffs had paid the amounts shown by them had been deposed to by both these witnesses, and not controverted by the defendants. — Ullman v. Myrick, et al., 93 Ala. 532.
The second plea of the…
2Cases cited1 opinion
- Ullman v. MyrickSupreme Court of Alabama · 1890
3Cited by7 opinions
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- United Insurance Company of America v. RaySupreme Court of Alabama · 1963
- Ex parte ShepherdSupreme Court of Alabama · 1911
- Caudle v. Birmingham Electric Co.Supreme Court of Alabama · 1945
- Southern Railway Co. v. McEntireSupreme Court of Alabama · 1910
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