Clark & Wadsworth v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. Tbis action was brought by Clark & Wadsworth, suing as partners, against Wm.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. Tbis action was brought by Clark & Wadsworth, suing as partners, against Wm. B. Jones, and was commenced on the 20th September, 1886. The complaint contained the common counts, each claiming $311.91, and a special count on an alleged promise by the defendant to one W. C. Wright, who had contracted to erect a house for the defendant, and had bought lumber and materials from the plaintiffs, who were then doing business under the'name of A. S. Stewart '& Co., which were used in the construction of the house, to…
1Opinion of the CourtClopton, J.
W. C. Wright was indebted to plaintiffs for lumber furnished to be used in building a - house, which he had contracted with defendant to build for two thousand dollars, payable in five installments, the last of which, being for five hundred dollars, was payable on completion of the house according to the plans and specifications. The first claim of plaintiffs is, that in July, 1884, the defendant promised the plaintiffs’ agent, if they would not file a lien against the house for their claim, he would pay the same out of the next payment due Wright. The promise was not in writing. The…
2Cases cited5 opinions
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Young v. HawkinsSupreme Court of Alabama · 1883
- Burkham v. MastinSupreme Court of Alabama · 1875
- Dunbar v. SmithSupreme Court of Alabama · 1880
3Cited by15 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Hartford Fire Ins. Co. v. ClarkSupreme Court of Alabama · 1952
- Herrington v. Central Soya Co., Inc.Supreme Court of Alabama · 1982
- Aultman & Co. v. FletcherSupreme Court of Alabama · 1895
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