Bell v. Teague
Supreme Court of Alabama
Appeal from tbe Circuit Court of Calhoun, Tried before the Hon. Leroy F. Box, This action was brought by E. W. Teague against Richard. Bell, and was commenced on the 27th May, 1884. The complaint contained the common counts, and a special count which sought to enforce a statutory lien on a house and lot, particularly described, for work done and materials furnished by plaintiff in the erection of the house, under a contract with defendant.
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Appeal from tbe Circuit Court of Calhoun, Tried before the Hon. Leroy F. Box, This action was brought by E. W. Teague against Richard. Bell, and was commenced on the 27th May, 1884. The complaint contained the common counts, and a special count which sought to enforce a statutory lien on a house and lot, particularly described, for work done and materials furnished by plaintiff in the erection of the house, under a contract with defendant. The contract price for the work and materials was $650.00, of which sum $26.00 was paid as the work progressed; and the special count sought to enforce a…
1Opinion of the CourtClopton, J.
The special count in the complaint sets forth a substantial cause of action. It alleges the contract, the indebtedness, and the facts necessary for securing a lien, and a description of the property charged therewith, which is a substantial compliance with the statute. We discover no material variance between the contract as alleged and the contract as proved, and none has been pointed out.
The statute requires an original contractor, within six months after the indebtedness has accrued, to file with the judge of probate a just and true account, after all just credits have been given, and a…
2Cases cited4 opinions
- Kirkland v. OatesSupreme Court of Alabama · 1854
- Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
- Merriweather v. TaylorSupreme Court of Alabama · 1849
- Mars v. McKayCalifornia Supreme Court · 1859
3Cited by17 opinions
- Reeder v. CoxSupreme Court of Alabama · 1928
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Walstrom v. Oliver-Watts Construction Co.Supreme Court of Alabama · 1909
- Martin v. MassieSupreme Court of Alabama · 1900
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