Lambie v. Sloss Iron & Steel Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellants against the appellee, to recover damages for the alleged breach of a contract. The complaint, as originally filed, contained four counts. In the first count, the terms of the contract are set out in haec verba, and are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellants against the appellee, to recover damages for the alleged breach of a contract. The complaint, as originally filed, contained four counts. In the first count, the terms of the contract are set out in haec verba, and are sufficiently stated in the opinion. The 2d, 3d and 4th counts of the complaints were the common counts seeking to recover an amount of money had and received, and for work and labor done. The demurrers interposed to the first count of the complaint, the…
1Opinion of the CourtBkickell, C. J.
This action was instituted by appellants, to recover damages for the alleged breach of a mining contract by which appellants agreed “to lease Avhat is known as B mine, w'hich shall comprise all the coal that will be dumped over B chute and dumped in B bin,” and to mine coal therein for appellee. By the terms of the agreement which is set out in haec verba in the complaint, appellants were “to give their undiAdded personal attention to the running of the mine,” to mine the coal and load it on the cars for appellee, to keep the tram cars in repair, and to do all the work and furnish all the…
2Cases cited4 opinions
- Howard v. East Tenn., Va. & Ga. RailroadSupreme Court of Alabama · 1890
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Hammond v. WinchesterSupreme Court of Alabama · 1886
- Hudepohl v. Liberty Hill Consolidated Mining & Water Co.California Supreme Court · 1889
3Cited by10 opinions
- Stonega Coal & Coke Co. v. Louisville & Nashville RailroadSupreme Court of Virginia · 1906
- Worthington v. DavisSupreme Court of Alabama · 1922
- Jones v. Tennessee Land Co.Supreme Court of Alabama · 1937
- Columbia Motors Co. v. WilliamsSupreme Court of Alabama · 1923
- Summers v. Ralston Purina Co.Supreme Court of Alabama · 1954
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