Aarnes v. Windham
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. William S. Anderson. This suit was brought by the appellee against Annie C. Aarnes. The purpose of the suit and the facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Mobile. Tried before the lion. William S. Anderson. This suit was brought by the appellee against Annie C. Aarnes. The purpose of the suit and the facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court at the request of the plaintiff gave to the jury the follow, ing Avritten charge: “'The court charges the jury that if they believe the undisputed evidence in this cause, the plaintiff is entitled to recover four hundred and ninety and…
1Opinion of the Court
1IA BALSON, -T.
The first count in the complaint is upon a written contract between the plaintiff and defendant, whereby the former agreed with the latter to erect, on her land a building for her, at a specified price, the payment, to be made at certain times in specified amounts as the work progressed. All the payments were made except the last, which the suit, is brought to recover. It avers, that, thei plaintiff complied with all the provisions of the contract on his part, and defendant, failed to comply with its terms on her part, in that she failed to pay the sum of $500, stipulated to be…
2Cases cited6 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Bell v. TeagueSupreme Court of Alabama · 1887
- Merriweather v. TaylorSupreme Court of Alabama · 1849
- Thomas v. Ellis & Co.Supreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Russell v. BushSupreme Court of Alabama · 1916
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Walstrom v. Oliver-Watts Construction Co.Supreme Court of Alabama · 1909
8 more not listed; retrieve them via the Exa API.