Abercrombie & Williams v. Vandiver
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. This, was an action brought by the appellants, O. G. Abercrombie and W. Z. Williams as partners under the firm name of Abercrombie & Williams against the appellee, W. F. Vandiver; seeking to recover fl50,000 alleged to be due from the defendant to the plaintiffs. The complaint contained three counts.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. This, was an action brought by the appellants, O. G. Abercrombie and W. Z. Williams as partners under the firm name of Abercrombie & Williams against the appellee, W. F. Vandiver; seeking to recover fl50,000 alleged to be due from the defendant to the plaintiffs. The complaint contained three counts. The first two counts of the complaint counted upon a contract alleged to have been made by the parties to the suit, whereby the plaintiffs undertook to do certain work and furnish certain materials in the…
1Opinion of the CourtHaralson, J.
The appellants, plaintiffs helow, sued the appellee, defendant, for a breach of contract, by which they agreed with him to construct a railroad from or near the town of Newton, Alabama, to such point in Coffee county, in this State, at or near Elba, as the chief engineer of the Southwestern Alabama Railway Company might designate. One of the terms of the contract provided that the plaintiffs should receive, as part of the consideration for their work and labor, from $25,000 to $27,000 of the subscription bonus, as the equivalent of so much cash. It was fur*530ther stipulated that no liability…
2Cases cited12 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
- Wood v. Fort WayneSupreme Court of the United States · 1886
- Comer v. BankheadSupreme Court of Alabama · 1881
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Foster & Creighton Co. v. BoxSupreme Court of Alabama · 1953
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Martin v. MassieSupreme Court of Alabama · 1900
- Williams v. Mount Hood Ry. & Power Co.Oregon Supreme Court · 1910
14 more not listed; retrieve them via the Exa API.