Forst v. Leonard
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellants, M. Forst and her husband, A. Forst, against H. N. Leonard, S. J. Alfred, William B. Gerre, John A. Hall, E. D. Phillip's and E. M. Robinson.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was brought by the appellants, M. Forst and her husband, A. Forst, against H. N. Leonard, S. J. Alfred, William B. Gerre, John A. Hall, E. D. Phillip's and E. M. Robinson. The complaint, as amended, claimed of the defendant the sum of one thousand dollars, for the breach of the condition of a bond, which was executed by the defendants on September 10, 1891, and payable to the plaintiffs in the penal sum of one thousand dollars. This bond was set out at length in the complaint, the condition of which…
1Opinion of the CourtMcCLELLAN, J.
There was but one contract between Mrs. Forst and her husband on the one hand, and Leonard and Alfred on the other. This contract was for the building of a house by the latter parties for the former. It is not stated in the contract whether the house was to be of one or more stories, but it was to be built according to specifications therein referred to, but not incorporated or attached, and nothing' in the contract as set out in the complaint is at all inconsistent with the idea that the building of a one story house was the contemplation of the contract itself and provided for in the…
2Cases cited5 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Oliver v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1886
- Robbins v. WebbSupreme Court of Alabama · 1880
- Work v. CowhickIllinois Supreme Court · 1876
3Cited by13 opinions
- Meek v. BriggsSupreme Court of Florida · 1920
- O'Barr v. TurnerAlabama Court of Appeals · 1917
- Borden v. CaseSupreme Court of Alabama · 1960
- Kyle v. JordanSupreme Court of Alabama · 1914
- Fidelity Casualty Co. of New York v. RabornSupreme Court of Alabama · 1937
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