Alabama Western Railroad v. Talley-Bates Const. Co.
Supreme Court of Alabama
Appeal from Franklin Circnit Court. Heard before Hon. C. P. Almon. Action by the Talley-Bates Construction Company against the Alabama Western Railroad Company to recover price of construction work in the building of said road. There was a'judgment for plaintiff and defendant appeals. The contract in this case is entire. Full performance on its part constituted the defendant’s promise to pay.
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Appeal from Franklin Circnit Court. Heard before Hon. C. P. Almon. Action by the Talley-Bates Construction Company against the Alabama Western Railroad Company to recover price of construction work in the building of said road. There was a'judgment for plaintiff and defendant appeals. The contract in this case is entire. Full performance on its part constituted the defendant’s promise to pay. The provisions for payment in installment and at so much per yard, does not affect the contract’s entirety. — Kirkland v. Oates, 25 Ala. 465; Partridge v. Forsythe, 29 Ala. 200; Martin v. Massey, 127…
1Opinion of the CourtSayre, J.
All other counts of the complaint having been eliminated by various rulings of the court below and the action of the plaintiff, who is appellee here, this case went to the jury upon the tenth count alone. One defense, much relied upon, was that'the plaintiff, being a foreign corporation, had not, at and before the time of its alleged partial performance of the contract between the parties out of which the suit arose, complied with that statute of the state which requires, under penalty, that every corporation not organized under the laws of this state, shall, before engaging in or transacting…
2Cases cited11 opinions
- Diamond Glue Co. v. United States Glue Co.Supreme Court of the United States · 1903
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- American Union Telegraph Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. FlowersSupreme Court of the United States · 1964
- American Amusement Co v. East Lake Chutes Co.Supreme Court of Alabama · 1911
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- George M. Muller Manufacturing Co. v. First National BankSupreme Court of Alabama · 1912
- Perkins Manufacturing Co. v. Clinton Construction Co.California Supreme Court · 1930
36 more not listed; retrieve them via the Exa API.