Mason v. Alabama Iron Co.
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before Hou. John Henderson. This suit was brought by A. W. Mason against the Alabama Iron Company, a body corporate, to recover damages for the breach of a contract in writing, made between the parties, the provisions of which, necessary to this report, are sufficiently stated in the opinion.
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Appeal from Talladega Circuit Court. Tried before Hou. John Henderson. This suit was brought by A. W. Mason against the Alabama Iron Company, a body corporate, to recover damages for the breach of a contract in writing, made between the parties, the provisions of which, necessary to this report, are sufficiently stated in the opinion. The contract is set out, in hceo verba, in the complaint, and it is averred that the plaintiff, on his part, has complied with all its provisions. The breaches assigned are five in number, of which it is only necessary, under the view taken by this court of the…
1Opinion of the CourtBrickell, C. J.
— The argument of counsel concedes that the material question, decisive of the case, is, whether the contract into which the parties entered imposed on the defendant the duty of furnishing the plaintiff with corn and supplies, while he was engaged in performing the contemplated work, *274though not delivering coal; or whether the - duty rested on the defendant only while the plaintiff was engaged in the delivery of coal. The question is to be solved by .an examination and interpretation of the contract, which is in writing.
In the construction or interpretation of all contracts, oral or written,…
2Cases cited4 opinions
- Drake v. GoreeSupreme Court of Alabama · 1853
- George v. Cahawba & Marion Rail RoadSupreme Court of Alabama · 1845
- Fail v. McReeSupreme Court of Alabama · 1860
- Ramey v. HolcombeSupreme Court of Alabama · 1852
3Cited by10 opinions
- State v. RiggleWyoming Supreme Court · 1956
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Crass v. Scruggs & Co.Supreme Court of Alabama · 1896
- Mobile County v. LinchSupreme Court of Alabama · 1916
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