Bixby-Theisen Co. v. Evans
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Habalson. Action by M. H. Evans against the Bixby-Theisen Company for damages for breach of contract. Judgment for plaintiff, and. defendant appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Habalson. Action by M. H. Evans against the Bixby-Theisen Company for damages for breach of contract. Judgment for plaintiff, and. defendant appeals. The complaint on which the case was tried will be found set out in a former report in 174 Ala. 571, 57 South. 39. The following are the pleas: (3) “Plaintiff first breached or violated the contract sued on in that he did not, as stipulated in said contract, furnish all the labor and material to construct and put in complete a stone and concrete dam across Town creek.” (4) “Plaintiff…
1Opinion of the Court
McCLELLAN, J. —
This is the third appeal in this litigation.—-167 Ala. 431, 52 South. 843; 174 Ala. 571, 57 South. 39.
All of the assignments except those numbered 2, 3, 11, and 12 and those numbered 16 to 22, inclusive, are affirmatively abandoned in the brief for appellant.
According to the former decisions, there was no error in sustaining demurrers to pleas 3, 4, 5, and 7.
There is no merit in the contention, sought to be given effect in (refused) charge 4, that defendant was discharged from obligation to furnish the sum not exceeding $2,000, stipulated in the contract, for that plaintiff has…
2Cases cited6 opinions
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- Lawton v. RickettsSupreme Court of Alabama · 1893
- Carolina-Portland Cement Co. v. Alabama Construction Co.Supreme Court of Alabama · 1909
- Bixby-Theisen Co. v. EvansSupreme Court of Alabama · 1911
- Cahaba Southern Mining Co. v. PrattSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- H. H. Hitt Lumber Co. v. McCormackAlabama Court of Appeals · 1915
- Drennen Motor Car Co. v. SmithSupreme Court of Alabama · 1935
- Acme MacHine & Welding Co. v. Home Industry Iron WorksSupreme Court of Alabama · 1931