Central of Georgia Ry. Co. v. Isbell
Supreme Court of Alabama
• Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Action by J. L. Isbell against the Central of Georgia Kailway Company. From a judgment for plaintiff, defendant appeals.
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• Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Action by J. L. Isbell against the Central of Georgia Kailway Company. From a judgment for plaintiff, defendant appeals. The following charge was refused : (21) Unless each and every juror believes from the evidence that one or both of the tie inspectors failed through fraud or intention to accept ties, which met the specifications of the contract, you should not return a verdict for more than $244 and interest. So much of the contract involved as is necessary to an understanding of the opinion follows: “Delivery: Ties are…
1Opinion of the CourtThomas, J.
This cause was submitted and decided under Supreme Court rule 46 (65 South, vii).
The amended complaint, on which the trial was had, alleged the breach of several conditions of a contract made by defendant with plaintiff for the purchase of cross-ties in a designated territory.(1) The allegations of performance on plaintiff’s part and of breach on the part of the defendant were conjunctively averred in the complaint, and must be proved as alleged.—H. A. & B. R. R. Co. v. Dusenberry, 94 Ala. 413, 10 South. 274; L. & N. R. R. Co. v. Mothershed, 97 Ala. 261, 12 South. 714; L. & N. R. R. Co. v.…
2Cases cited26 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
21 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- BOARD OF WATER & SEWER COM'RS v. Bill Harbert Const. Co.Supreme Court of Alabama · 2003
- Andalusia Motor Co. v. MullinsAlabama Court of Appeals · 1938
9 more not listed; retrieve them via the Exa API.