United States Fidelity & Guaranty Co. v. Town of Dothan
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action for breach of contract by the Town of Dothan against the United States Fidelity & Guaranty Company. The allegations of the complaint to which demurrers were overruled sufficiently appear from the opinion.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action for breach of contract by the Town of Dothan against the United States Fidelity & Guaranty Company. The allegations of the complaint to which demurrers were overruled sufficiently appear from the opinion. The folloAving is plea 12: “Comes the defendant in the above-entitled cause, and for further answer to the amended count of the complaint the defendant says that the plaintiff should not recover in this suit, for that at the time of entering into the said contract, Avhich is alleged in said count of said complaint,…
1Opinion of the CourtSimpson, J.
This action is brought by the appellee to recover damages for the breach of the conditions of a bond executed by the appellant, conditioned for the faithful performance, by one R. A. Moody, of a building contract.
There was no error in overruling the demurrer to the complaint as amended. A demurrer is addressed only to defects apparent on the pleading. The complaint sets out in full the conditions of the bond, alleges that said Moody entered into a contract to build a school*486house, according to plans and specifications, for $19,-840, for the faithful performance of which said bond was executed,…
2Cases cited10 opinions
- Sherwood v. AlvisSupreme Court of Alabama · 1887
- Chewacla Lime Works v. Dismukes, Frierson & Co.Supreme Court of Alabama · 1888
- Long v. Geo. Pacific Railway Co.Supreme Court of Alabama · 1890
- Potts v. ColemanSupreme Court of Alabama · 1888
- Perry v. StateSupreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pappas v. Alabama Power CompanySupreme Court of Alabama · 1960
- Gober v. City of BirminghamAlabama Court of Appeals · 1961
- Housing Author. v. Hartford Acc. and Indem.Supreme Court of Alabama · 2006
- Bear v. Duval Lumber Co.Supreme Court of Florida · 1933
- Commercial Stand. Ins. Co. v. Ala. Surface Min. Reclam. Com'nCourt of Civil Appeals of Alabama · 1983
4 more not listed; retrieve them via the Exa API.