Hawkins v. Gilbert
Supreme Court of Alabama
EmtoR to the Circuit Court of Lowndes. Tried before the Hon: Geo. GoMthwaite. Gilbert & Maddox brought their action of assumpsit against Hawkins, to recover damages for the breach of a written contract. The contract declared on shows that the parties' contracted to repair and carry on two mills, the property of the defendant, until July 1866, in partnership.
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EmtoR to the Circuit Court of Lowndes. Tried before the Hon: Geo. GoMthwaite. Gilbert & Maddox brought their action of assumpsit against Hawkins, to recover damages for the breach of a written contract. The contract declared on shows that the parties' contracted to repair and carry on two mills, the property of the defendant, until July 1866, in partnership. Each party was to contribute in .certain proportion the materials and labor necessary to repair the mills, and to work them, and the profits wore to be equally divided between them. The plaintiffs, who were mill-wriglits, worked…
1Opinion of the CourtDargan, C. J.
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 is 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 or service is reasonably worth, notwithstanding it be not performed according to the terms ,of the special contract. This principle we consideras well settled by authority as it is in consonance with the principles of…
2Cases cited3 opinions
- Merriweather v. TaylorSupreme Court of Alabama · 1849
- Givhan v. Dailey's Admr'xSupreme Court of Alabama · 1842
- Thomas v. Ellis & Co.Supreme Court of Alabama · 1842
3Cited by7 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Kirkland v. OatesSupreme Court of Alabama · 1854
- Carbon Hill Coal Co. v. CunninghamSupreme Court of Alabama · 1907
- English v. WilsonSupreme Court of Alabama · 1859
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