Thomas v. Ellis & Co.
Supreme Court of Alabama
Whit of Error to the Circuit Court of Sumter county. Ellis & Co. commenced this suit in the County Court of Sumter, and declared against Trott & Thomas in an action of assumpsit. The declaration contained -a count on a special contract, made by the plaintiffs with the defendants, to build a bouse, in a particular manner, and for which they were to receive certain specified sums from the defendants. The breach of this count is laid in the non-payment of the sums agreed upon.
Read the full summary
Whit of Error to the Circuit Court of Sumter county. Ellis & Co. commenced this suit in the County Court of Sumter, and declared against Trott & Thomas in an action of assumpsit. The declaration contained -a count on a special contract, made by the plaintiffs with the defendants, to build a bouse, in a particular manner, and for which they were to receive certain specified sums from the defendants. The breach of this count is laid in the non-payment of the sums agreed upon. The declaration also contains counts for money due for work and labor, and on a quantum m&ruit. A verdict was found for…
1Opinion of the CourtGoldthwaite, J.
The evidence which was before the jury when these charges were given, is not stated, and therefore it is doubtful whether any injurious results flowed from them; but the charges are entirely affirmative, and therefore the rule laid down in Peden v. Moore, [1 S. and P. 71,] where it was held that injury would be presumed when error was shown in such a charge, although the evidence was not stated iti a bill of exceptions,must govern. If we understand the position assumed by the County Court, the instructions to the jury were, that the plaintiffs could not recover on the common counts of the…
2Cited by11 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Walstrom v. Oliver-Watts Construction Co.Supreme Court of Alabama · 1909
- Eagan Co. v. JohnsonSupreme Court of Alabama · 1886
6 more not listed; retrieve them via the Exa API.