Pope v. Dickerson
Supreme Court of Alabama
• Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Action by Mrs. Alice Dickerson, as administratrix, against John Pope, for breach of contract for making a crop. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The court should have sustained the demurrers to the complaint. 14 Ala.
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• Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Action by Mrs. Alice Dickerson, as administratrix, against John Pope, for breach of contract for making a crop. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The court should have sustained the demurrers to the complaint. 14 Ala. App. 529, 71 South. 963. Court erred in permitting the witnesses to give their evidence' as to the value of the cro‘>. Section 3960, Code 1907; Jones on Evidence, § 363. The count on which the case was submitted was sufficient. 16 Ala.…
1Opinion of the CourtSomerville, J.
The action is for breach of a contract of hiring made by defendant with plaintiff’s intestate in March, 1918, whereby defendant furnished the land, seed, and team, and intestate the labor necessary for planting, making, and gathering the crops, which were to be equally divided between them.
[1] While the rules of precise pleading would require that the complaint show by some appropriate description what lands were to be cultivated under this contract (Farrow Merc. Co. v. Riggins, 14 Ala. App. 529, 71 South. 963), its omission, though pointed out by apt demurrer, would not, ordinarily, .be of…
2Cases cited1 opinion
- T. L. Farrow Mercantile Co. v. RigginsAlabama Court of Appeals · 1916
3Cited by3 opinions
- Trum v. Melvin Pierce Marine Coating, Inc.Supreme Court of Alabama · 1990
- Frazier v. FrazierSupreme Court of Alabama · 1924
- Hamer v. DrakeSupreme Court of Alabama · 1923