Stratton v. Fike
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Edward G. Fike against Georgia K. Stratton. Prom a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Edward G. Fike against Georgia K. Stratton. Prom a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion. The following charges were refused to the defendant: (1) “The court charges the jury that if they are reasonably satisfied from the evidence in this cause that all the delay in the completion and turning over of the building after the 20th day of December, 1906, was not caused by the defendant, or by causes beyond the control ot the plaintiff, one or both, then in that…
1Opinion of the CourtMayfield, J.
Appellee sued appellant on the common counts, for work and labor done, and material furnished in remodeling and improving a residence. The defendant pleaded the general issue, and several special pleas of recoupment and set-off as per the contract under which the work was done and the material furnished. The contract set forth in the special pleas, and conceded to be the one under which the work was done, was as follows :J
“State of Alabama, County of Mobile.
“This instrument made and entered into by and between Peter J. Hamilton, as agent for Georgia K. Gage, of the first part, and Edward G.…
2Cases cited10 opinions
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