Brush Electric Light & Power Co. v. City Council
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the-Hon. John R. Tyson. This action was brought by the appellant, the Brush Electric Light & Power Company of Montgomery, Alabama, against the City Council of Montgomery; and ■sought to recover an amount alleged to be due from the defendant to the plaintiff, for certain lights, which had •been furnished by the plaintiff and used by the defendant. The material facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Montgomery. Tried before the-Hon. John R. Tyson. This action was brought by the appellant, the Brush Electric Light & Power Company of Montgomery, Alabama, against the City Council of Montgomery; and ■sought to recover an amount alleged to be due from the defendant to the plaintiff, for certain lights, which had •been furnished by the plaintiff and used by the defendant. The material facts of the case are sufficiently stated in the opinion. R. B. Snodgrass was introduced as a witness in behalf of the defendant, and he testified that he had been city clerk or…
1Opinion of the Court
BRICKELL, C. J. —
The complaint contains three counts — the first is a mere'abbreviation of all the counts contained in the statutory form of a complaint on an account or verbal contract; the second and third are substantially the same, intended as a special statement of the cause of action, and claim compensation for seventeen electric arc lights, the plaintiff furnished the defendant during a particular period, at a specified rate or price. The defendant pleaded only the general issue.
The undisputed facts are, that on the 14th day of December, 1887, the parties entered into a contract…
2Cases cited5 opinions
- Louisiana v. WoodSupreme Court of the United States · 1880
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- Sampson v. FoxSupreme Court of Alabama · 1895
- American Oak Extract Co. v. RyanSupreme Court of Alabama · 1895
- Spyker v. SpenceSupreme Court of Alabama · 1845
3Cited by18 opinions
- Hendrix, Mohr & Yardley, Inc. v. City of DaphneSupreme Court of Alabama · 1978
- North River Electric Light & Power Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Dothan Chero-Cola Bottling Co. v. WeeksAlabama Court of Appeals · 1918
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
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