Alexander v. Ala. Wes. R. R.
Supreme Court of Alabama
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Assumpsit by I. E. Alexander against the Alabama Western Railroad Company. Judgment for defendant and plaintiff appeals.
Read the full summary
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Assumpsit by I. E. Alexander against the Alabama Western Railroad Company. Judgment for defendant and plaintiff appeals. In support of appellants right to recover we call the court’s attention that after appellant made a contract with the original contractor he became uneasy about his pay and on appeal to appellee was told that if he would do the work appellee would pay for it. — ■McFarland v. Dawson, 128 Ala. 551; LdFayette R. R. Go. v. Tucker, 124 Ala. 515; Ala. Sec. Go. v. Dewey, 156 Ala. 530; Clark on Contracts, 25. At…
1Opinion of the CourtSayre, J.
Appellant sued appellee for the value of work and labor done in the construction of the latter’s line of railroad. The Talley-Bates Construction Company, a foreign corporation, had a contract with the defendant railroad company for the construction of that part of its road located in this state. Appellant had a contract with the Talley-Bates Company for the grading of a part of the road — was a subcontractor. These contracts were in writing, and their terms are not a matter of dispute. The Talley-Bates Company, to which we sometimes refer as the “construction company,” entered upon and for a…
2Cases cited13 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Alabama Western Railroad v. Talley-Bates Const. Co.Supreme Court of Alabama · 1909
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Shumake v. Nelms' Adm'rSupreme Court of Alabama · 1854
- Huntsvile Belt Line & Monte Sano Railway Co. v. Corpening & Co.Supreme Court of Alabama · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Foster & Creighton Co. v. BoxSupreme Court of Alabama · 1953
- Vardaman v. Florence City Bd. of Educ.Supreme Court of Alabama · 1989
- Alabama Power Co. v. SmithSupreme Court of Alabama · 1934
- Ala. West. R. R. v. BushSupreme Court of Alabama · 1913
19 more not listed; retrieve them via the Exa API.