Dunaway v. Roden
Alabama Court of Appeals
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by J. H. Roden against A. M. Dunaway. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear from the opinion. The following charges were refused to defendant: (6) If you find from the evidence that there was an entire contract to bore the well, and that plaintiff did not perform the contract in full, but only in part, then your verdict should be for defendant.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by J. H. Roden against A. M. Dunaway. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear from the opinion. The following charges were refused to defendant: (6) If you find from the evidence that there was an entire contract to bore the well, and that plaintiff did not perform the contract in full, but only in part, then your verdict should be for defendant. (7) If you believe plaintiff and defendant first made a contract for plaintiff to bore the well for a mule, and that after-wards a new…
1Opinion
ON REHEARING.
BROWN, J.
On re-examination of this case on rehearing, I entertain the opinion, on the plaintiff’s own evidence, which is without dispute on this point, that the evidence as to the first con*510tract was wholly irrelevant to the issues in this case, and that contract should in no way influence the result. The plaintiff testified in his own behalf (Record, p. 9) :
“Under the first contract that I made with the defendant, I was to receive a mule for boring the well, and defendant was to pay for moving my machinery outfit to his premises and was also to pay for the casing of the well. We…
2Cases cited2 opinions
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Louisville & Nashville R. R. v. BontragerSupreme Court of Alabama · 1914