Lewman & Co. v. Ogden Bros.
Supreme Court of Alabama
Appeal, from Chancery Court of Marengo. Heaixl before Hon. Thos. H. Smith. The appellants. M. T. Lewman & Go., had a contract with the United States for the erection of certain locks and dams, numbered 1, 2 and 3, in the system of improvement of the Warrior and Tombigbee rivers.
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Appeal, from Chancery Court of Marengo. Heaixl before Hon. Thos. H. Smith. The appellants. M. T. Lewman & Go., had a contract with the United States for the erection of certain locks and dams, numbered 1, 2 and 3, in the system of improvement of the Warrior and Tombigbee rivers. Lewman & Co. sublet the contract to the appellees, Ogden Bros., under a written agreement, and also procured a bond with sureties from said Ogden Bros., conditional on their faithful performance of their contract. The contract is as follows:— “EXHIBIT ‘A.’ ” “Sub-Contract.” “This agreement by and between M. T. Lewman…
1Opinion of the CourtDenson, J.
The bill was demurred to and a motion to dismiss it for want of equity was made. On the hearing, the chancellor held that the bill was without equity and granted the motion to dismiss it; from the decree granting that motion this appeal was prosecuted.
We confess that the purpose of the bill has not been made to appear to our minds as definite as it' seems to have appeared to the minds of the counsel for appellants. In their brief they assert, that the bill is clearly one' for the specific performance of an equitable mortgage. Referring by the terms equitable mortgage, to the contract which…
2Cases cited10 opinions
- Electric Lighting Co. v. Mobile & Spring Hill Railway Co.Supreme Court of Alabama · 1895
- Ellington v. CharlestonSupreme Court of Alabama · 1874
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Moses v. ScottSupreme Court of Alabama · 1887
- Stanton v. HeardSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Smith v. WebbSupreme Court of Alabama · 1912
- Southern Iron & Equipment Co. v. VaughanSupreme Court of Alabama · 1918
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1920
- Alexander v. SmithAlabama Court of Appeals · 1911
6 more not listed; retrieve them via the Exa API.