Carbon Hill Coal Co. v. Cunningham
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by S. Y. Cunningham and another against the Carbon Hill Coal Company. From a judgment for plaintiffs, defendant appeals. The damages alleged were speculative and remote and the demurrers should have been sustained. — Moultlirop v. Hyatt, 105 Ala. 493; Reicl Lbr. Go. v. Lewis, 94 Ala. 626. The court erred in striking pleas 11, 12 and 13. — Troy Fert.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by S. Y. Cunningham and another against the Carbon Hill Coal Company. From a judgment for plaintiffs, defendant appeals. The damages alleged were speculative and remote and the demurrers should have been sustained. — Moultlirop v. Hyatt, 105 Ala. 493; Reicl Lbr. Go. v. Lewis, 94 Ala. 626. The court erred in striking pleas 11, 12 and 13. — Troy Fert. Go. v. Logan, 96 Ala. 619; Bishop on Contracts, secs. 835 and 1445. An offer of a sum by way of compromise of a claim tacitly admitted is admissible unless accompanied…
1Opinion of the CourtTyson, C. J.
— The complaint contained six counts. All of these counted for a recovery upon the breach of a certain written contract, alleged to have been executed by defendant, except one, the sixth, Avhich was in form the common count for work and labor performed by plaintiffs for the defendant. During the trial the court excluded the contract upon which each of the first five counts were based, and at defendant’s request gave the affirmative charge for it upon each of them. These rulings render it unnecessary to consider the action of the court in overruling the demurrer interposed to these counts, and…
2Cases cited4 opinions
- Snedicor v. LeachmanSupreme Court of Alabama · 1846
- Worthington v. McGarrySupreme Court of Alabama · 1907
- Hawkins v. GilbertSupreme Court of Alabama · 1851
- Anderson v. RiceSupreme Court of Alabama · 1852
3Cited by11 opinions
- Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.Supreme Court of Alabama · 1943
- Baker Sand & Gravel Co. v. Rogers Plumbing & Heating Co.Supreme Court of Alabama · 1934
- Walstrom v. Oliver-Watts Construction Co.Supreme Court of Alabama · 1909
- Howell v. DoddSupreme Court of Alabama · 1934
- Nelson Weaver Mortgage Co. v. Dover Elevator Co.Supreme Court of Alabama · 1968
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