Worthington v. Cleveland Lumber Co.
Alabama Court of Appeals
Appeal from Circuit Court, Walker County ; J. J. Curtis, Judge. Action by the Cleveland Lumber Company against Thomas Worthington in assumpsit. Judgment for the plaintiff, and defendant appeals. Certiorari denied 88 South 159. Worthington had a contract with a coal company to build a dock on the Warrior river within a stipulated time and carrying heavy penalties for a failure to complete the work within the time.
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Appeal from Circuit Court, Walker County ; J. J. Curtis, Judge. Action by the Cleveland Lumber Company against Thomas Worthington in assumpsit. Judgment for the plaintiff, and defendant appeals. Certiorari denied 88 South 159. Worthington had a contract with a coal company to build a dock on the Warrior river within a stipulated time and carrying heavy penalties for a failure to complete the work within the time. Worthington had a subcontract with Gillespie for driving piles and doing the bridge construction and had to warrant Gillespie that his crew would not be idle for want of material.…
1Opinion of the CourtMerritt, J.
The facts in this case are admittedly the same as when the case was before the court on the former appeal. Worthington v. Cleveland Lumber Co., 16 Ala. App. 614, 80 South. 688. On the former appeal the case was reversed and remanded because of error in giving a certain written charge which did not involve the questions raised in the instant case. The defendant •pleaded (a) the general issue, (b) payment, (c) accord and satisfaction, and (d) recoupment ; and from a verdict and judgment for the plaintiff, the defendant appeals. The insistence of the defendant is that he should have had the…
2Cases cited2 opinions
- Brackin v. Owens Horse & Mule Co.Supreme Court of Alabama · 1916
- Worthington v. Cleveland Lumber Co.Alabama Court of Appeals · 1918
3Cited by4 opinions
- St. Louis & S. F. Ry. Co. v. Georgia, F. & A. Ry. Co.Supreme Court of Alabama · 1925
- Southern Cotton Oil Co. v. CurrieAlabama Court of Appeals · 1922
- Worthington v. Cleveland Lumber Co.Supreme Court of Alabama · 1920
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922