Smith v. Aikin
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Tried before Hon. LejRoy F. Box. The facts are sufficiently stated in the opinion. The court erred in allowing the parol evidence introduced against appellant’s objection. Sweeney v. Thomason, 9 Lea, 359 ; Willmering v. MeGaughey, 30 Iowa, 205 ; Thorpe v. Sughi. 33 Ala. 330; Ins. Go. v. Wright, 1 Wall. 456 ; Staggv. Ins. Go., 10 Wall. 589 ; Bailey v. Railroad,17 Wall. 96; Partridgev. Ins.
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Appeal from Etowah Circuit Court. Tried before Hon. LejRoy F. Box. The facts are sufficiently stated in the opinion. The court erred in allowing the parol evidence introduced against appellant’s objection. Sweeney v. Thomason, 9 Lea, 359 ; Willmering v. MeGaughey, 30 Iowa, 205 ; Thorpe v. Sughi. 33 Ala. 330; Ins. Go. v. Wright, 1 Wall. 456 ; Staggv. Ins. Go., 10 Wall. 589 ; Bailey v. Railroad,17 Wall. 96; Partridgev. Ins. Co., 15 Wall. 573; Moran v. Prather, 23 Wall. 493; Davis v. Ball, 6 Cush. 505. The words used in the contract are plain and unambiguous, and of well defined legal and…
1Opinion of the CourtStone, J.
Hollingsworth agreed with Smith that the latter should saw lumber for him during the year 1878, “ at the price of two dollars per thousand feet, to include thirty feet logs.” Hollingsworth was to furnish the logs, and stack the lumber after it was sawed. Hollingsworth has died, and, the present suit is against his executors, to recover an alleged balance due on said contract. The contract was in writing, and we have copied above all it expresses in relation to the terms on which the sawing was to be done. Various accountings and settlements were had between the parties, growing out of said…
2Cases cited3 opinions
- Drake v. GoreeSupreme Court of Alabama · 1853
- Carlisle v. GodwinSupreme Court of Alabama · 1880
- Gunn v. ClendeninSupreme Court of Alabama · 1880
3Cited by6 opinions
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
- Jones v. AndersonSupreme Court of Alabama · 1884
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
- Haas & Bro. v. Hudmon Bros.Supreme Court of Alabama · 1887
- Ware v. Columbus Life Insurance CompanyDistrict Court, N.D. Alabama · 2023
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