Hodges v. Sublett
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This is the second appeal in this case.- — -88 Ala. 491. The action was brought by W. M. Sublett, against J. W. Hodges and J. S. Bain, and was commenced on the 26th September, 1884. The complaint contained only the common counts, each claiming $193, alleged to be due by account from defendants to plaintiff in September, 1883, and a like sum for work and labor done, and for goods sold and…
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This is the second appeal in this case.- — -88 Ala. 491. The action was brought by W. M. Sublett, against J. W. Hodges and J. S. Bain, and was commenced on the 26th September, 1884. The complaint contained only the common counts, each claiming $193, alleged to be due by account from defendants to plaintiff in September, 1883, and a like sum for work and labor done, and for goods sold and delivered. The pleas were, the general issue, and payment. Bain died pending the suit, and it was revived against his…
1Opinion of the CourtClopton, J.
Whether there was a complete contract between appellee, who was. the plaintiff in the Circuit Court, and Hodges and Bain, against whom the suit was originally-brought, for the erection, for use as a masonic hall, of a second story on a church, which plaintiff and one Coleman were at the time engaged in building, is the material and controlling question in the case. This depends mainly upon the further' question, whether it was meant and understood by the parties that the agreement should not be binding until it was reduced to writing and signed by them. It is an elementary principle, that the…
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