Wood v. Holly Manufacturing Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. On the 13th of December, 1886, a contract was entered into, between the Bienville Water Supply Company, hereafter referred to as the Water Company, and Bullock & Go., by which the latter undertook to construct for the former, a complete system of waterworks, including the furnishing of engines and pumps, contracting to pay Bullock & Co. for the work to be done, in bonds, and shares of its stock.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. On the 13th of December, 1886, a contract was entered into, between the Bienville Water Supply Company, hereafter referred to as the Water Company, and Bullock & Go., by which the latter undertook to construct for the former, a complete system of waterworks, including the furnishing of engines and pumps, contracting to pay Bullock & Co. for the work to be done, in bonds, and shares of its stock. To procure a site for the water works, Bullock & Co. purchased a tract of land, and on the 13th of December, 1886,…
1Opinion of the CourtHabalson, J.
1. In the opinion of the Chancellor, (Coleman) it was very pertinently asked,—“Were complainants and Samuel B. Bullock authorized to make the contract of which Exhibit A. is a copy; was it a legal contract, and did it give complainants a lien upon the engines and connections as a semirity for the payment of the whole debt secured?” Answering, it was said,—“There can be no question of this. They were the absolute owners of the property, the subject of contract, were under no disabilities to make it, and were authorized and capable of making such terms and provisions as they saw proper. If this…
2Cases cited26 opinions
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- United States v. New Orleans RailroadSupreme Court of the United States · 1871
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- Myer v. Car Co.Supreme Court of the United States · 1880
- Carter v. ChambersSupreme Court of Alabama · 1885
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3Cited by37 opinions
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- Hatter v. QuinaSupreme Court of Alabama · 1927
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