Goldstein v. Leake
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. William W. Wilkbrson. This action aauis brought by the appellee, J. T). Leake, against F. Goldstein, and sought to recover an amount alleged to be due for work and labor done and material furnished by the plaintiff for the defendant in the construction of a house upon a lot owned by the defendant. The complaint contained four counts.
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Appeal from the City Court of Birmingham. Tried before the Hon. William W. Wilkbrson. This action aauis brought by the appellee, J. T). Leake, against F. Goldstein, and sought to recover an amount alleged to be due for work and labor done and material furnished by the plaintiff for the defendant in the construction of a house upon a lot owned by the defendant. The complaint contained four counts. The first three were the common counts for $132.50. In the fourth count the plaintiff claimed $132.50 as the amount due by the defendant to him, under a contract whereby the plaintiff agreed to build…
1Opinion of the CourtMcCLELLAN, C. J.
The charges refused to the defendant on the fourth count of the complaint, were each faulty in requiring the jury to affirmatively find for the defendant upon the hypothesis stated in them. Assuming that on this hypothesis, the plaintiff was not entitled to recover under the fourth count, the form of the charges should have been that the jury should not find for the plaintiff, or should not find against the defendant on the count. — Dorsey v. State, 134 Ala. 553; M. & O. R. R. Co. v. George, 94 Ala. 201; L. & N. R. R. Co. v. Sandlin, 125 Ala. 585. These charges, moreover, were properly…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. SandlinSupreme Court of Alabama · 1899
- Dorsey v. StateSupreme Court of Alabama · 1901
3Cited by27 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Crocker v. LeeSupreme Court of Alabama · 1954
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Dollar v. McKinneySupreme Court of Alabama · 1958
- Brent v. BaldwinSupreme Court of Alabama · 1909
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