Hutchison v. Cullum
Supreme Court of Alabama
Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. Assumpsit by James F. Hutchison, against Charles Cullum, the declaration containing all the common counts. Under the quantum meruit count in his declaration, the plaintiff offered evidence to show the amount of work and labor dono and materials furnished by him in erecting a certain building for the defendant.
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Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. Assumpsit by James F. Hutchison, against Charles Cullum, the declaration containing all the common counts. Under the quantum meruit count in his declaration, the plaintiff offered evidence to show the amount of work and labor dono and materials furnished by him in erecting a certain building for the defendant. The defendant objected to this evidence on the ground that there was a special written contract between the parties, which he produced and proved ; but the plaintiff contended that said special contract was…
1Opinion of the CourtChilton, C. J.
The court below ruled, that there could be no recovery under the quantum meruit count, for the work and *624labor done and materials furnished by the plaintiff in erecting a house for the defendant, as to that portion of the work &c. for which provision is made in the special contract, notwithstanding the proof showed that the special agreement had been so varied as to considerably enlarge the building, requiring the timbers for a portion of it to be spliced, and increasing the expense of the work and materials to between three and five hundred dollars. In this the judge mistook the law. It is…
2Cases cited1 opinion
- Aikin v. BloodgoodSupreme Court of Alabama · 1847
3Cited by5 opinions
- Smith v. SharpeSupreme Court of Alabama · 1909
- Bonie v. GriffinSupreme Court of Alabama · 1949
- Allied Mills, Inc. v. St. JohnSupreme Court of Alabama · 1963
- United States Fidelity & Guaranty Co. v. Damskibsaktieselskabet HabilSupreme Court of Alabama · 1903
- Roberson v. Tennessee Valley AuthoritySupreme Court of Alabama · 1939