McTighe & Co. v. McLane
Supreme Court of Alabama
Action for Breach of Contract for Work and Labor. Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. cited Freeman on Judgments, § 288; Duchess of Kingston's Case, 2 Smith’s L. O. 609 (573); 1 Greenl.
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Action for Breach of Contract for Work and Labor. Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. cited Freeman on Judgments, § 288; Duchess of Kingston's Case, 2 Smith’s L. O. 609 (573); 1 Greenl. Ev. §§ 528-9; Chamberlain v. Caillard, 26 Ala. 504; Gilbreath v. Jones, 66 Ala. 129; McCall v. Jones, 72 Ala. 368; Haas v. Taylor, 80 Ala. 459; Robinson v. Bullock, 66 Ala. 548; Strauss v. Meertief 64 Ala. 299; Dicks v. Belsher, 80 Ala. 369. cited S. cfo N. Ala. Railroad Co. v. Henlein, 56 Ala.. 368; Foster v. Napier, 73 Ala. 595; O'Neal v. Brown, 21 Ala. 482; 1 Brick.…
1Opinion of the CourtColeman, J.
— The present suit was brought to recover damages for an alleged breach of contract, the breach consisting in the failure to deliver six scrapers. The defendant pleaded in bar a former recovery. The court gave the general charge for the defendant, and the giving of this charge is the only assignment of error.
To sustain his plea, the defendant offered in evidence the entire proceedings of the attachment suit mentioned in the plea. The complaint in the attachment suit was in two counts, each for the sum of $2,046; the first count being upon an account stated, and the other in quantum meruit for…
2Cases cited4 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Foster v. NapierSupreme Court of Alabama · 1883
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Liddell v. ChidesterSupreme Court of Alabama · 1887
3Cited by3 opinions
- McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
- Wagar Lumber Co. v. Sullivan Logging Co.Supreme Court of Alabama · 1898
- Jebeles & Colias Confectionery Co. v. O'ByrneAlabama Court of Appeals · 1913