Henderson-Boyd Lumber Co. v. Cook
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by R. D. Cook against tlie Henderson-Boyd Lumber Company. From a judgment for plaintiff, defendant appeals. Action on the common counts for work and labor done.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by R. D. Cook against tlie Henderson-Boyd Lumber Company. From a judgment for plaintiff, defendant appeals. Action on the common counts for work and labor done. The contract was in the shape of a letter, and was as follows: “R. D. Cook, Montgomery, Ala.: Confirming conversation with our Mr. Boyd, we will give you contract for twelve or fifteen miles of railway, paying you three hundred and fifty dollars per mile, three hundred of which is to be paid as each mile is accepted by us, if you so desire, and other fifty…
1Opinion of the Court
SIMPSON, J. —
This'was an action brought by the appellee (plaintiff) against the appellant (defendant); the complaint containing only common counts on account and for work and labor done and materials furnished. According to the testimony of the plaintiff, he entered into the written contract set out, but, when he appeared at the appointed place on the day on Avliich he Avas to begin work, he found that he did not have men enough to do the work, and requested the general manager of the defendant “to work his hands and pay them until he could get men enough to start on the contract,” and about…
2Cases cited4 opinions
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Steele v. McTyer's Adm'rSupreme Court of Alabama · 1858
- Haas & Bro. v. Hudmon Bros.Supreme Court of Alabama · 1887
- McPherson v. RobertsonSupreme Court of Alabama · 1886
3Cited by7 opinions
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Dees v. Self Bros.Supreme Court of Alabama · 1910
- Stratton v. FikeSupreme Court of Alabama · 1909
- Pasquale Food Co., Inc. v. L & H INTERNATIONAL AIR., INC.Court of Civil Appeals of Alabama · 1973
- Federal Land Bank v. BridgeforthSupreme Court of Alabama · 1937
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