DeJarnette v. Cox
Supreme Court of Alabama
Appeal from the Circuit Gout of Montgomery. Tried before the Hon. J. O. Biohardson. This suit was brought by the 'appellant, W. P. De-Jarnette, against W.‘ N. Cox. The plaintiff sued the de-‘ fendant for $50, claimed to be due for hauling, and $7.8!) claimed to he due for building a line fence between him ■and defendant. Defendant offered to offset $50 balance due him by plaintiff for building a house and $8.75 for building a fence.
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Appeal from the Circuit Gout of Montgomery. Tried before the Hon. J. O. Biohardson. This suit was brought by the 'appellant, W. P. De-Jarnette, against W.‘ N. Cox. The plaintiff sued the de-‘ fendant for $50, claimed to be due for hauling, and $7.8!) claimed to he due for building a line fence between him ■and defendant. Defendant offered to offset $50 balance due him by plaintiff for building a house and $8.75 for building a fence. The evidence for the plaintiff itended to show that his bills were correct, while' the evidence for defendant tended to show that the account for $50 should be…
1Opinion of the CourtDowdell, J.
There was evidence in the case tending to show that the original contract between the parties for the building of the house had been subsequently by agreement modified and changed. The written charge requested by the plaintiff and refused l>y the court withdrew from the consideration of the jury this evidence, and it was properly refused by the court. After verdict for tlio- defendant, a motion for a new trial was made, which was overruled by the court. Numerous grounds were stated in the motion for the granting of a hew trial, but as only one was insisted upon in the argument by appellant’s…
2Cases cited1 opinion
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
3Cited by9 opinions
- Meadows v. StateSupreme Court of Alabama · 1913
- Gidley v. StateAlabama Court of Appeals · 1923
- Bufkins v. StateAlabama Court of Appeals · 1924
- Rutledge v. Brilliant Coal Co.Supreme Court of Alabama · 1945
- Voyles v. StateCourt of Criminal Appeals of Alabama · 1991
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