Alexander v. Smith
Alabama Court of Appeals
Appeal from Autauga Circuit Court. Heard, before Hon. W. W. Pearson. Action by McQueen Smith against J. L. Alexander. From a judgment for plaintiff, defendant appeals. The substance of the contract appears in the opinion of the court. The following written charges were refused to the defendant: (2) “If the jury believe from the evidence that the new ditch was dug by plaintiff more than three feet deep, they must find for the defendant.”
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Appeal from Autauga Circuit Court. Heard, before Hon. W. W. Pearson. Action by McQueen Smith against J. L. Alexander. From a judgment for plaintiff, defendant appeals. The substance of the contract appears in the opinion of the court. The following written charges were refused to the defendant: (2) “If the jury believe from the evidence that the new ditch was dug by plaintiff more than three feet deep, they must find for the defendant.” (8) “I charge you,- gentlemen of the jury, that if you believe from the evidence that the plaintiff dug the new ditch to a depth greater than three feet, that…
1Opinion of the CourtWalker, P. J.
One of the counts of the complaint embodies a copy of the contract between the parties, avers performance by the plaintiff of its stipulationo on his part, and that the defendant has failed and refused to pay one-half of the actual cost of the work, as he agreed to do.
Under his plea of the general issue, the defendant had the benefit in the trial of presenting the claims; which he sought to set up by special pleas, that the work done by the plaintiff did not constitute a performance of the contract according to its terms. This being true, if there was error in sustaining the demurrers to…
2Cases cited6 opinions
- Crouch v. . GutmannNew York Court of Appeals · 1892
- City of Elizabeth v. FitzgeraldCourt of Appeals for the Third Circuit · 1902
- Lewman & Co. v. Ogden Bros.Supreme Court of Alabama · 1904
- Pitcairn v. Philip Hiss Co.Court of Appeals for the Third Circuit · 1902
- Singer Manufacturing Co. v. McLeanSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Miles v. MooreSupreme Court of Alabama · 1955
- Board of Water & Sewer Commissioners of Mobile v. Bill Harbert Construction Co.Supreme Court of Alabama · 2009
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1920
- Wilson v. WilliamsSupreme Court of Alabama · 1952
- Tate v. Cody-Henderson Co.Alabama Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.