Ollinger & Bruce Dry Dock Co. v. James Gibbony & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Norville R. Leigh., Jr., Judge. Action by James Gibbony & Co. against the Ollinger & Bruce Dry Dock Company. From judgment for plaintiffs, defendant apxieals. Appellees, owners of a barge called Cahaba, entered into a contract with the appellant for the “proper repair.” of said barge; the repairs not being specified, nor anything said as to the price or the time within which the work was to be done.
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Appeal from Circuit Court, Mobile County; Norville R. Leigh., Jr., Judge. Action by James Gibbony & Co. against the Ollinger & Bruce Dry Dock Company. From judgment for plaintiffs, defendant apxieals. Appellees, owners of a barge called Cahaba, entered into a contract with the appellant for the “proper repair.” of said barge; the repairs not being specified, nor anything said as to the price or the time within which the work was to be done. In June, 1915, the barge was delivered to the appellant for the purpose of making repairs. Some work was done by appellant toward repairing said barge…
1Opinion of the CourtGardner, J.
[1] It is first insisted by counsel for appellant (defendant) that the contract for repairs, “to put the barge in good repair,” is too uncertain and indefinite to form the foundation of this suit. It was established without conflict that the agreement on the part of the appellant was to “put the barge Oahaba * * * in good repair,” and the argument is that such a term is too indefinite to constitute a valid contract, in that what might be considered “good repair” by one person might be deemed wholly inadequate by another.
This same argument, however, would be applicable to the ascertainment of…
2Cases cited25 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Read v. . SpauldingNew York Court of Appeals · 1864
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Williams v. GrantSupreme Court of Connecticut · 1816
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3Cited by7 opinions
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- Baldwin v. PanettaCourt of Civil Appeals of Alabama · 2008
- Mobile Electric Co. v. NelsonSupreme Court of Alabama · 1923
- Phenix City v. Southern Bell Telephone & Telegraph Co.District Court, M.D. Alabama · 1940
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