Florence Gas, Electric Light & Power Co. v. Hanby
Supreme Court of Alabama
Appeal from tlie Chancery Court of Lauderdale. Heard before the Hon. Ti-ios. Cobbs. The bill in this case was filed by S. M. Hanby, as receiver of the Southern District Telegraph & Electric C omp any, against th e Florence Gas,Electric Light & Power Company, and prayed to have enforced upon the property of the defendant a mechanic's and material-man's lien in favor of the plaintiff, and also for the specific performance of a contract entered into by the two corporations.
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Appeal from tlie Chancery Court of Lauderdale. Heard before the Hon. Ti-ios. Cobbs. The bill in this case was filed by S. M. Hanby, as receiver of the Southern District Telegraph & Electric C omp any, against th e Florence Gas,Electric Light & Power Company, and prayed to have enforced upon the property of the defendant a mechanic's and material-man's lien in favor of the plaintiff, and also for the specific performance of a contract entered into by the two corporations. The material facts of the case are sufficiently stated in the opinion. The respondent demurred to the bill of complaint,…
1Opinion of the CourtMcCLELLAN, J.
The appellee, Planby, as receiver &c., is the complainant .in the present bill, to which the appellant, the Florence Gas, Electric Light & Power Co., is respondent. The corporation of which complainant *24is now receiver entered into a contract on July 6, 1889, with the respondent corporation to construct and erect complete for the latter an electric light plant at Florence, and equip the same with specified machinery, appliances, &cl, for lighting the town of Florence with electricity. The contract contains a stipulation for the erection of the plant “as soon as possible." The construction…
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