Thomas v. Smoot
Alabama Court of Appeals
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by B. L. Tbomas against J. G. Smoot. Judgment for defendant and plaintiff appeals. The court erred in giving tbe affirmative charge. — Bates v. Harte, 124 Ala.' 427; Bomar v. Rosser, 128 Ala. 641; Bufforcl v. Rainey, 122 Ala. 565; Abbott c.
Read the full summary
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by B. L. Tbomas against J. G. Smoot. Judgment for defendant and plaintiff appeals. The court erred in giving tbe affirmative charge. — Bates v. Harte, 124 Ala.' 427; Bomar v. Rosser, 128 Ala. 641; Bufforcl v. Rainey, 122 Ala. 565; Abbott c. Mobile, 119 Ala. 595; Cole v. Propst, 119 Ala. 99. Tbe court erred under the facts in this case in instructing the jury to find for the defendant. — Crutcher v. M. & O. R. R. Co. 88 Ala. 584; Damson v. State ex rel. 63 Ala. 432; 0ou?am v. Eartherly Hcho. Co. 95 Ala. 324. -“It is…
1Opinion of the Court
de GRAFPENRIED, J.
The complaint, in each of its counts, predicates the plaintiff’s right to recover of the defendant upon the terms of an express contract. The plaintiff’s evidence failed to show his right to recover of the defendant upon the terms of an express contract, but did have some tendency to show a right of recovery in an action for the use and occupation by the defendant, during a certain period, of plaintiff’s mill. There was some evidence tending to show that defendant rented from plaintiff a mill for a period of eight months; that defendant failed to execute two notes for the…
2Cases cited2 opinions
- Davidson v. State ex rel. WoodruffSupreme Court of Alabama · 1879
- Worthington v. McGarrySupreme Court of Alabama · 1907
3Cited by15 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Blake v. Bank of America, N.A.District Court, M.D. Alabama · 2012
- Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
- Watts Const. Co. v. Cullman CountySupreme Court of Alabama · 1980
- Henderson v. WinklerSupreme Court of Alabama · 1984
10 more not listed; retrieve them via the Exa API.