Mahoney v. Chandler
Supreme Court of Alabama
Writ of error to the Circuit Court of Benton. Assumpsit by Mahoney against Barley Chandler and James Chandler. The declaration describes a contract between the parties in which the defendants on consideration that the plaintiff agreed to rebuild the saw mill and forebay, at such place as might be selected, and furnish the husk frame and running gear of the grist mill, and to have both of the mills in opera-ration by the month of February next, following' the agreement…
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Writ of error to the Circuit Court of Benton. Assumpsit by Mahoney against Barley Chandler and James Chandler. The declaration describes a contract between the parties in which the defendants on consideration that the plaintiff agreed to rebuild the saw mill and forebay, at such place as might be selected, and furnish the husk frame and running gear of the grist mill, and to have both of the mills in opera-ration by the month of February next, following' the agreement undertook and then and there faithfully promised the plaintiff to build a good dam on the creek at Nisbet’s mill place, on the…
1Opinion of the CourtG-Oldthwaite, J.
— We should be inclined to think that mo action could accrue to Mahoney on the contract offered in evidence against the Chandlers, because they do not contract with him, but with Nisbet. It is the case of two sets of workmen, contracting with their employer, and providing for payment for their services out of the thing to be made. It is true, that Mahony was to be paid in a particular manner, out of •the profits of the mills, but this does not, as it seems to us, make *734the Chandlers responsible to him for not building the dam; for the contract to build that was made with Nisbet, who is not a…
2Cases cited1 opinion
- Cain v. ByrdSupreme Court of Alabama · 1827
3Cited by2 opinions
- Palmer v. BiceSupreme Court of Alabama · 1856
- Kemp v. CoxeSupreme Court of Alabama · 1848