Lecroy v. Wiggins
Supreme Court of Alabama
Appeal from tbe Circuit Court of Autauga. Trie. ‘ ,efore tbe Hon. Eobert Dou&iierty. This action was brought by Ilosea Lecroy against John B. Wiggins, to recover damages for tbe defendant’s breach of a written contract which was in these words : “Articles of agreement between II.
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Appeal from tbe Circuit Court of Autauga. Trie. ‘ ,efore tbe Hon. Eobert Dou&iierty. This action was brought by Ilosea Lecroy against John B. Wiggins, to recover damages for tbe defendant’s breach of a written contract which was in these words : “Articles of agreement between II. Lecroy and John B. Wiggins, 6th November, 1849. Now the above-mentioned parties are jointly and equally concerned in a certain mill and gin, as co-partners, to the following effect: Said Lecroy, of the first part, has built upon the premises a grist-mill and gin, and is to continue to keep said mill in good order, or…
1Opinion of the CourtW Aunen, J.
— The charge refused by the court asserts, in effect, the following proposition : The plaintiff, having built the mill described in the contract, and discharged the duties devolved upon him by the contract, may recover the value of his labor on the mill at the time of the sale, if the defendant, making no reservation of the plaintiff’s rights under -the contract, sold the mill to Thomas, and the plaintiff, knowing of the sale, was only willing that defendant should make it, provided he (plaintiff) could have the same arrangement with Thomas which existed between him and the defendant, which…
2Cases cited2 opinions
- Davis v. StateSupreme Court of Alabama · 1850
- Faver v. BriggsSupreme Court of Alabama · 1850
3Cited by9 opinions
- Reeves v. StateCourt of Criminal Appeals of Alabama · 1984
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Culver v. HillSupreme Court of Alabama · 1880
- Ricketts v. Birmingham Street Railway Co.Supreme Court of Alabama · 1888
- Jonas v. FieldSupreme Court of Alabama · 1887
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