Mansfield v. Morgan
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon-. A. A. Coleman. Tbis action was brought by tbe appellee, Charles Morgan, against tbe appellant, Henry Mansfield. Tbe complaint in tbis case contained five counts. Tbe first and second seek to recover for tbe breach of a contract, and tbe third, fourth and fifth are common counts. Tbe plaintiff demurred to the several counts of tbe complaint, but only the demurrers to tbe first count are here insisted on.
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Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon-. A. A. Coleman. Tbis action was brought by tbe appellee, Charles Morgan, against tbe appellant, Henry Mansfield. Tbe complaint in tbis case contained five counts. Tbe first and second seek to recover for tbe breach of a contract, and tbe third, fourth and fifth are common counts. Tbe plaintiff demurred to the several counts of tbe complaint, but only the demurrers to tbe first count are here insisted on. This count and tbe demurrer thereto are sufficiently shown in tbe opinion. Tbe pleas were the general issue, and special…
1Opinion of the CourtHaralson, J.
1. The complaint contained 5 counts, the first and second being for the breach of a contract by defendant to bore a well, for plaintiff, and the third, fourth, and fifth, being the common counts. The first and second were demurred to, and the demurrers overruled. Error for overruling the demurrer to the first count is alone insisted on. That count sets up a contract on the part of the defendant with plaintiff, dated the 7th of May, 1903, to bore him a Well, by which it was agreed “that defendant was- to pay to plaintiff one dollar per foot for said- boring and drilling through the dirt, —…
2Cases cited1 opinion
- Hall v. PoseySupreme Court of Alabama · 1885
3Cited by15 opinions
- Ex Parte StateSupreme Court of Alabama · 1923
- Howton v. MathiasSupreme Court of Alabama · 1916
- Smith v. StateAlabama Court of Appeals · 1913
- Johnson v. StateSupreme Court of Alabama · 1952
- Moss v. KingSupreme Court of Alabama · 1914
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