Stafford v. Sibley
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant, E. L. Stafford, sued the appellee, Origeu Sibley, for an amount due “for work and labor done-by the plaintiff for the defendant on'and before, to-wit, the 24th day of October, 1892, át his request.”
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant, E. L. Stafford, sued the appellee, Origeu Sibley, for an amount due “for work and labor done-by the plaintiff for the defendant on'and before, to-wit, the 24th day of October, 1892, át his request.” The defendant demurred to the complaint, on the ground that it does not show a cause of action, since it does not allege whether the request for the work and labor dono was made by the defendant verbally or in writing, and “while purporting to set out the contract between the parties, fails to show such a…
1Opinion of the CourtColeman, J.
— The appellant, plaintiff below, sued to recover for services rendered. In consequence of certain rulings of the court, the plaintiff suffered a non-suit with a bill of exceptions. — Code, § 2759.
Where a party seeks to recover damage for a breach of a special agreement-, the plaintiff should count upon the contract and aver the breach. Where, however, the contract has been fully performed on one side, and nothing remains but the payment of money, he may maintain the action upon the common counts, and introduce the agreement as evidence of the value of the services, or of the amount due. On…
2Cases cited2 opinions
- Couch v. WoodruffSupreme Court of Alabama · 1879
- Pulliam v. SchimpfSupreme Court of Alabama · 1893
3Cited by21 opinions
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Martin v. MassieSupreme Court of Alabama · 1900
- Conoly v. HarrellSupreme Court of Alabama · 1913
- Atlanta Life Ins. Co. v. CanadySupreme Court of Alabama · 1932
- Bailey v. BaileyCourt of Civil Appeals of Alabama · 1977
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