Merriweather v. Taylor
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Before the Hon. George Goldthwaite. This was an action of assumpsit, on á promissory noté, éxecuted by the defendant, to the plaiñiiff’s intestate, for four hundred dollars, bearing date the 5th of May, Í846, and due the first day of January, 1847. The plaintiff read the note as evidence, and closed.
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Error to the Circuit Court of Montgomery. Before the Hon. George Goldthwaite. This was an action of assumpsit, on á promissory noté, éxecuted by the defendant, to the plaiñiiff’s intestate, for four hundred dollars, bearing date the 5th of May, Í846, and due the first day of January, 1847. The plaintiff read the note as evidence, and closed. The defendant then introduced a witness, who testified, that he was present when the defendant employed the plaintiff’s intestate, in the fall of 1845, to dig a well. The intestate agreed to dig a well on the plantation of the defendant, that would afford…
1Opinion of the CourtDargan, J.
We think it very blear, that the defendant Was not precluded from showing, by wáy of defence; that the well was not completed according to .the terms of the contract, agreed on between the plaintiff, and himself, although1 he gave the note after the work was done, if at the time he executed the note, he believed the work was completed according to the agreement. But as the well was accepted, and used by the defendant, the plaintiff was entitled to recover as much as the work was reasonably worth, although the work was not performed, strictly in accordance with the provisions of the contract.…
2Cases cited1 opinion
- Thomas v. Ellis & Co.Supreme Court of Alabama · 1842
3Cited by15 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Walstrom v. Oliver-Watts Construction Co.Supreme Court of Alabama · 1909
- Eagan Co. v. JohnsonSupreme Court of Alabama · 1886
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