Denson v. Acker
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; O. B. Smith, Judge. Assumpsit by W. H. Acker against W. A. Denson. Judgment; for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The complaint was upon the common count, and the special count on contracts.
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Appeal from Circuit Court, Jefferson County; O. B. Smith, Judge. Assumpsit by W. H. Acker against W. A. Denson. Judgment; for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The complaint was upon the common count, and the special count on contracts. The seventh, eighth, and thirteenth assignments of error are as follows: (7) The court erred in overruling defendant’s objection to the following question: “You are not a contractor; you were not skilled on that; you couldn’t state positively?” (S) Answer to said question: “No, sir; not at that…
1Opinion of the CourtSayre, J.
Appellee sued appellant for the price or value of repairs done upon appellant’s house. Defendant denied that there had been any agreement as to the price of the work to be done, and contended that he had paid, in part and in other part tendered to plaintiff the full value of the repairs. A jury found for plaintiff, assessing his damages, and from the judgment on the verdict defendant has appealed.
[1] We find only one exception noted in the matter to which defendant’s first, second, and third assignments of error refer. The precise point of the single exception shown by that part of the record…
2Cases cited4 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Hartsell v. TurnerSupreme Court of Alabama · 1916
- Chandler Bros. v. HigginsSupreme Court of Alabama · 1908
3Cited by5 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Dukes v. StateSupreme Court of Alabama · 1923
- Caudle v. SwansonSupreme Court of North Carolina · 1958
- Alabama Trunk & Luggage Co. v. HauerSupreme Court of Alabama · 1926
- Francis v. BlacheLouisiana Court of Appeal · 1944