Wright v. Wright
Supreme Court of Alabama
Appeal from Conecuh Chancery Court. Heard before Hon. L. D. Gardner. Bill by J. W. Wright, Jr., against E. W. Wright, to correct and reform a contract, for an accounting and a foreclosure of a mortgage and for a receiver. From a decree overruling demurrers to the bill and confirming the appointment by the register of a receiver, respondent appeals.
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Appeal from Conecuh Chancery Court. Heard before Hon. L. D. Gardner. Bill by J. W. Wright, Jr., against E. W. Wright, to correct and reform a contract, for an accounting and a foreclosure of a mortgage and for a receiver. From a decree overruling demurrers to the bill and confirming the appointment by the register of a receiver, respondent appeals. The appointment of the receiver was by the register in vacation without notice to appellant under section 5726, Code 1907, and on appeal the chancellor confirmed it and overruled demurrers to the bill. The bill is under section 5727, Code 1907, and…
1Opinion of the Court
de GRAFFENRIED, J.
Tte appellee made a contract to do certain railroad construction work, and the appellant was one of Ms sub-contractors. In tis contract with tte railroad company, it was agreed ttat tte *346appellee was to receive $10 per 100 cubic feet for corduroy work. The contract between appellee and appellant is substantially in the same form as the contract between appellee and the railroad company. In the contract between appellant and appellee, however, it is agreed that appellant is to receive $5 per cubic feet for corduroy work.
In order that appellant might carry out his contract and…
2Cases cited2 opinions
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
- Meyer v. ThomasSupreme Court of Alabama · 1901
3Cited by3 opinions
- Henry v. IdeSupreme Court of Alabama · 1922
- Henry v. IdeSupreme Court of Alabama · 1923
- Brumfield v. HallSupreme Court of Alabama · 1926