Cruise-Splawn Lumber Co. v. Sorrell
Supreme Court of Alabama
Assumpsit. Appeal from Aut-uaga Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by J. M. Sorrell against Cruise-Splawn Lumber Company.
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Assumpsit. Appeal from Aut-uaga Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by J. M. Sorrell against Cruise-Splawn Lumber Company. Judgment for plaintiff and defendant appeals. — Counsel discuss motion for a new trial and insist that the verdict ivas not even in accord with the plaintiff’s evidence.' Charge 1 should have been given. — ■Martin v. Massey, 127 Ala. 508. Unless the whole consideration is to be paid in money, the action must be on the contract declaring specially. — 4 Ency. P. & P. 925. A recovery cannot be had under the common count when the proof discloses that the…
1Opinion of the CourtMayfield, J.
— The action was based on the common counts. The defendant pleaded the general issue, and a special plea setting up the defense that the work by plaintiff for defendant, and to recover compensation for which this action was brought, was done and performed under a special contract by and between plaintiff and defendant; that the work to be done under the contract was the digging of a well for defendant by plaintiff, and that as a part of such contract, and as a. condition precedent to any liability on the part of defendant to plaintiff, for the price of the well, plaintiff guaranteed an…
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- Davis v. WolffCourt of Civil Appeals of Alabama · 1974
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