Patterson v. Atlantic Coast Line R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Ejectment by M. J. Patterson against the Atlantic Coast Line Railroad Company. Judgment for defendant, and plaintiff appeals. The portions of the contract directed to he set out are as follows: ( “The parties of the second part covenant and agree: * * * “Thirteenth.
Read the full summary
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Ejectment by M. J. Patterson against the Atlantic Coast Line Railroad Company. Judgment for defendant, and plaintiff appeals. The portions of the contract directed to he set out are as follows: ( “The parties of the second part covenant and agree: * * * “Thirteenth. It is mutually covenanted and agreed that this contract shall remain and be in force for the space of one year from date hereof, provided there is in the meantime no violation or breach of any of the stipulations on the part of the said party of the second part; that…
1Opinion of the CourtThomas, J.
The suit is in the nature of ejectment. The error assigned is based upon the court’s refusal to give the general charge requested in writing by the plaintiff.
In short, the facts are that on November 30, 1911, M. J. Patterson, Dothan Foundry & Machine Company, and Dothan Hardware Company, owning contiguous lots, entered into a contract with Atlantic Coast Line Railroad Company, for the construction, maintenance, and operation for the time indicated, of a spur track leading from its main line across two of the lots into that of the Dothan Hardware Company, which contract was executed. Neither…
2Cases cited34 opinions
- Atlanta, Knoxville & Northern Railway Co. v. McKinneySupreme Court of Georgia · 1906
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Woods v. AyresMichigan Supreme Court · 1878
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
29 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Penticost v. MasseySupreme Court of Alabama · 1919
- Beatty v. McMillanSupreme Court of Alabama · 1933
- Miller v. Associated Gulf Land Corp.Court of Civil Appeals of Alabama · 2005
17 more not listed; retrieve them via the Exa API.