Kinney v. Ehrensperger
Alabama Court of Appeals
Appeal from Circuit Court, Cullman County; R. C. Brickell, Judge. Action by Henry Ehrensperger against E. C. Kinney. Judgment for plaintiff, and defendant appeals. The plaintiff in the court below (appellee here), brought his action against the defendant, declaring in nine counts.
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Appeal from Circuit Court, Cullman County; R. C. Brickell, Judge. Action by Henry Ehrensperger against E. C. Kinney. Judgment for plaintiff, and defendant appeals. The plaintiff in the court below (appellee here), brought his action against the defendant, declaring in nine counts. The first six are the common counts for account, etc., and the others claim damages for breach of a contract by the defendant (who. was the purchaser), in.that he failed to accept and pay for a certain iron staircase and fire escape, which the defendant had contracted to be made for him by the plaintiff, the…
1Opinion of the CourtSamford, J.
The court in its oral charge instructed the jury that, “If you find for the plaintiff, the form of your verdict will be:
“We, the jury, find for the plaintiff, and assess his damages at the contract price of the steps and the interest thereon from the time that they should have been received by the defendant.”
There were nine counts in the complaint, the first six being the common counts. Under these six counts, it is correctly conceded by the aiipellant that if the plaintiff was entitled to recover, the measure of recovery would be the contract price plus interest. This on the theory that the…
2Cases cited5 opinions
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Davis v. AdamsSupreme Court of Alabama · 1850
- Central of Georgia Ry. Co. v. IsbellSupreme Court of Alabama · 1916
- Hopkinsville Milling Co. v. GwinSupreme Court of Alabama · 1912
- East Pratt Coal Co. v. JonesAlabama Court of Appeals · 1917
3Cited by4 opinions
- Martin v. House of Carpets, Inc.Alabama Court of Appeals · 1961
- Ex Parte EhrenspergerSupreme Court of Alabama · 1918
- Jebeles & Colias Confectionery Co. v. Crandall-Pettee Co.Alabama Court of Appeals · 1918
- Knight v. Harris, Cortner & Co.Alabama Court of Appeals · 1917