Barney Coal Co. v. Davis
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hon. James J. Bay. Action by N. W. Davis against the Barney Coal Company. From a judgment for, plaintiff, defendant appeals.
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Appeal from Walker Circuit Court. Heard before Hon. James J. Bay. Action by N. W. Davis against the Barney Coal Company. From a judgment for, plaintiff, defendant appeals. The complaint was as follows: “Plaintiff claims of the defendant, the Barney Coal Company, a corporation, the sum of $1,200 damages, for the breach of an oral contract entered into by defendant, by its agents or servants, acting within the scope of their authority, on or about, to wit, the 23d day of March, 1907, by the ter,ms of which contract defendant agreed with plaintiff to dig a slope or entry, and an aircourse in…
1Opinion of the CourtWalker, P. J.
The original complaint in this case alleged that plaintiff entered into a contract with defendant to dig a slope or entry and aircourse in defendant’s mine, and undertook to show a breach of the contract by the defendant by its refusal to let plaintiff proceed further with the work, whereby plaintiff was deprived of the opportunity of earning profits which, it was alleged, he could have realized if he had been permitted to contiue the work under the contract. The demuxTer to the complaint suggested a deficiency in it, in that it failed to allege that, at the time the defendant refused to let…
2Cases cited2 opinions
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Union Refining Co. v. BartonSupreme Court of Alabama · 1884
3Cited by8 opinions
- Moss v. KingSupreme Court of Alabama · 1914
- Sloss-Sheffield Steel & Iron Co. v. PayneSupreme Court of Alabama · 1915
- Hamilton v. O'RearSupreme Court of Alabama · 1932
- Birmingham Railway, Light & Power Co. v. PrattAlabama Court of Appeals · 1914
- Finklea v. GarrickAlabama Court of Appeals · 1932
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