Phillips v. Catts
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Bill by Samuel W. Catts against E. Jack Phillips and others to recover royalty under contract. Decree for complainant, and respondents appeal. The court erred in overruling appellant’s demurrers to the bill of complaint. 154 Ala. 355, 45 South. 658; 200 Ala. 276, 76 South. 43; 197 Ala. 395, 73 South. 46; 51 La. Ann. 699, 25 South. 423 ; 22 111. 320, 74 Am.
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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Bill by Samuel W. Catts against E. Jack Phillips and others to recover royalty under contract. Decree for complainant, and respondents appeal. The court erred in overruling appellant’s demurrers to the bill of complaint. 154 Ala. 355, 45 South. 658; 200 Ala. 276, 76 South. 43; 197 Ala. 395, 73 South. 46; 51 La. Ann. 699, 25 South. 423 ; 22 111. 320, 74 Am. Dec. 155; 13 C. J. 556 ; 36 Oyc. 587, 588, 597. The court erred in rendering final judgment for the complainant. 69 Ala. 86; 109 Ala. 602, 20 South. 51; 101 Ala. 554, 14 South.…
1Opinion of the CourtSomerville, J.
Construing the bill of complaint as favorably to compiainant as its allegations will reasonably permit, it shows no more than this, viz.: Complainant was employed by respondent Phillips to assist him in securing a lessee for the mining of Phillips’ coal land; complainant to receive as compensation for his services in that behalf a royalty of one cent per ton on all coal mined under the lease so made. Complainant aided in procuring the respondent Dilworth as such lessee. Dilworth has mined many thousand tons of coal, and is now mining it at the rate of about 200 tons a day. Complainant is…
2Cases cited7 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Roanoke Guano Co. v. SaundersSupreme Court of Alabama · 1911
- Gulf Compress Co. v. Harris, Cortner & Co.Supreme Court of Alabama · 1908
- Keller v. BullingtonSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Catts v. PhillipsSupreme Court of Alabama · 1928
- Catts v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1925
- De Soto Falls Development Co. v. LibbySupreme Court of Alabama · 1936
- Phillips v. CattsSupreme Court of Alabama · 1929
2 more not listed; retrieve them via the Exa API.