Lackland v. Turner
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by E. C. Turner against Samuel H. Lackland, individually and as executor of the last will and testament of Almira Lackland. Judgment for plaintiff, and defendant appeals. The alleged agreement was within the statute of frauds. Section 4289, subd. 3, Code 1907; 11 Ala. App. 471, 66 South. 911; -37 Ala. 577; 100 Md. 125, 59 Atl. 180; 189 Ill.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by E. C. Turner against Samuel H. Lackland, individually and as executor of the last will and testament of Almira Lackland. Judgment for plaintiff, and defendant appeals. The alleged agreement was within the statute of frauds. Section 4289, subd. 3, Code 1907; 11 Ala. App. 471, 66 South. 911; -37 Ala. 577; 100 Md. 125, 59 Atl. 180; 189 Ill. App. 474; 156 Pa. 217, 27 Atl. 20; 29 S. C. 9, 6 S. E. 850. Having entered into the agreement, plaintiff is estopped to deny that he was not a creditor of Raub, and under the evidence…
1Opinion of the CourtSayre, J.
[1,2] Turner recovered judgment against Lackland as executor of the last will and testament of his wife, Almira Martin Lackland, deceased, for the price of certain materials, sash, doors, and '’other “factory work,’’ furnished to a building owned by deceased. The controlling issue was whether plaintiff had furnished his materials on the credit of Mrs. Lackland, since deceased, as he contended, or on the credit of Raub (or Raub & Co.), the contractor who was at the time engaged in constructing the building for Mrs. Lackland. As to this issue the evidence was in conflict, and the question at…
2Cases cited6 opinions
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Ex parte BanksSupreme Court of Alabama · 1913
- Beitman v. Birmingham Paint & Glass Co.Supreme Court of Alabama · 1914
- Woodruff v. ScaifeSupreme Court of Alabama · 1887
- Aultman & Co. v. FletcherSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Humphrey v. BoschungSupreme Court of Alabama · 1971
- Inter-Ocean Insurance Company v. BanksSupreme Court of Alabama · 1958
- Hendricks v. BlakeSupreme Court of Alabama · 1973
- Hacker v. Whitney Dam Lumber & Construction Co.Court of Appeals of Texas · 1949
- Kimbrell v. City of BessemerSupreme Court of Alabama · 1980
7 more not listed; retrieve them via the Exa API.