Hood v. Disston & Sons
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. James R. Dowdell. This action was brought by Joseph R. Hood against Henry Disston & Sons, and was commenced by attachment sued out on the 8th May, 1888. The action was founded on an alleged breach' or breaches by the defendants of a verbal contract by which they undertook to harden and temper for the plaintiff, during a series of years, a large number of blades for hoes, for which plaintiff had obtained a…
Read the full summary
Appeal from the Circuit Court of Randolph. Tried before the Hon. James R. Dowdell. This action was brought by Joseph R. Hood against Henry Disston & Sons, and was commenced by attachment sued out on the 8th May, 1888. The action was founded on an alleged breach' or breaches by the defendants of a verbal contract by which they undertook to harden and temper for the plaintiff, during a series of years, a large number of blades for hoes, for which plaintiff had obtained a patent; the principal breaches alleged being, (1) that the blades tempered by the defendants were not properly hardened, but…
1Opinion of the Court
McOLELLAN, J.'
A witness for the plaintiff having testified that, in the process of hardening and tempering the hoe-blades, the defendants put as many as fifty dozen of them in the furnace at one time, which was not a skillful or workmanlike method of doing the work; and one of the defendants having testified, without objection, that that number “ might be put in and heated, but it would take a much longer time, as it would cool down the furnace; ”■ we think it was competent for this last witness to further testify as an expert, which he was shown to be, that to treat that number would have…
2Cases cited4 opinions
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Elliott v. Stocks & Bro.Supreme Court of Alabama · 1880
- Turnley v. HannaSupreme Court of Alabama · 1886
- Woodstock Iron Co. v. Reed & PartlowSupreme Court of Alabama · 1887
3Cited by12 opinions
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Sloss-Sheffield Steel & Iron Co. v. GreenSupreme Court of Alabama · 1909
- Watson v. Hardaway-Covington Cotton Co.Supreme Court of Alabama · 1931
- Buist v. GuiceSupreme Court of Alabama · 1892
7 more not listed; retrieve them via the Exa API.