Farrow v. Burns
Alabama Court of Appeals
Appeal from Circuit Court, Cherokee County ; W. W. Harralson, Judge. Action in assumpit by Thomas S. Burns against John T. Farrow. Judgment for the plaintiff, and defendant appeals. Th'e pleadings and the facts sufficiently appear from the opinion.
Read the full summary
Appeal from Circuit Court, Cherokee County ; W. W. Harralson, Judge. Action in assumpit by Thomas S. Burns against John T. Farrow. Judgment for the plaintiff, and defendant appeals. Th'e pleadings and the facts sufficiently appear from the opinion. Charge 3, refused to the defendant, is as follows; “The court charges the jury that to enable plaintiff to recover in this action, he must convince you reasonably that the reasonable value of his services to the defendant exceeded the amount paid by the defendant for services, and unless you are so reasonably satisfied you should find the issues in…
1Opinion of the Court
The complaint was in four counts, claiming on the common counts, for account, account stated, services rendered, and money had and received; the claim being for services rendered as deputy sheriff to the defendant as sheriff of Cherokee county. The defendant, besides the pleas of non-assumpsit and payment, filed pleas 3, 4, and 5. Plea 3 was a plea to the effect that the claim was for services rendered on an entire contract, which the plaintiff, without fault on the part of defendant, had failed to perform. Pleas 4 and 5 were in effect pleas setting up the statutes of fraud, in that the…
2Cases cited8 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Sims v. McEwen's Adm'rSupreme Court of Alabama · 1855
- Conoly v. HarrellSupreme Court of Alabama · 1913
- Scoggin v. BlackwellSupreme Court of Alabama · 1860
- Murphy v. De HaanSupreme Court of Iowa · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- ALABAMA AGR. AND MECHANICAL UNIV. v. JonesSupreme Court of Alabama · 2004
- Ex Parte RamsaySupreme Court of Alabama · 2002
- Central Iron & Coal Co. v. WrightAlabama Court of Appeals · 1924
- Oxborough v. St. MartinSupreme Court of Minnesota · 1926
- FAUSAK'S TIRE CENTER, INC. v. BlanchardCourt of Civil Appeals of Alabama · 2006
5 more not listed; retrieve them via the Exa API.