Smith v. Davis
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Henry V. Davis against Sallie H. Smith. From a judgment for plaintiff, defendant appeals. This was an action by a contractor against the owner for breach of the contract for construction of a home.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Henry V. Davis against Sallie H. Smith. From a judgment for plaintiff, defendant appeals. This was an action by a contractor against the owner for breach of the contract for construction of a home. The contract is made a part of the complaint, and the breaches alleged in the first count are that after plaintiff had furnished part of the labor required, and while engaged in his work upon said building under and in compliance with the terms of said contract, defendant ordered him not to continue the work, and warned…
1Opinion of the CourtTyson, C. J.
The first and second counts of the complaint seek to recover damages for the breach of a written contract, which is attached to the complaint and made a paat of these connts, for repairing and re*111modeling a residence belonging to defendant. Tbe third is the common count, for materials furnished and work and labor done at defendant’s request. The fourth count was stricken out by amendment during the trial. Only the sufficiency of the second count was questioned by demurrer, rvhich was overruled by the trial court.
The objection raised by the demurrer is that the act of defendant in stopping…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Grisham v. BodmanSupreme Court of Alabama · 1895
- English v. WilsonSupreme Court of Alabama · 1859
- O'Brien v. Anniston Pipe-WorksSupreme Court of Alabama · 1890
- Davis v. StateSupreme Court of Alabama · 1904
3Cited by7 opinions
- Whiting v. DoddAlabama Court of Appeals · 1957
- Mobile Light & R. R. v. BurchAlabama Court of Appeals · 1915
- Birmingham Railway, Light & Power Co. v. SimpsonSupreme Court of Alabama · 1912
- Anderson & Co. v. BrammerAlabama Court of Appeals · 1912
- Long-Lewis Hardware Co. v. EwingAlabama Court of Appeals · 1913
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