Mobile & Kansas City Railroad v. Owen
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the I-Ion. William S. Anderson. R. B. Owen was employed to act as Secretary of the Mobile, Jackson & Kansas City Railroad Co. by its president at the rate of $50.00 per month. He was after-wards elected to the position by the directors of the company and re-elected after the expiration of the first term of service — each election being for one year — but the salary was not fixed in amount.
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Appeal from the Circuit Court of Mobile. Tried before the I-Ion. William S. Anderson. R. B. Owen was employed to act as Secretary of the Mobile, Jackson & Kansas City Railroad Co. by its president at the rate of $50.00 per month. He was after-wards elected to the position by the directors of the company and re-elected after the expiration of the first term of service — each election being for one year — but the salary was not fixed in amount. The last year of service expired with the year 1890. His salary was paid to April 1st, 1890 and the payments stated in the annual report of the…
1Opinion of the CourtTyson, J.
— It appears from a recital in the record that the plaintiff Avhen the cause Avas announced ready for trial, stated that he did not claim any recovery upon *508a quantum meruit, and that the common counts in the complaint were retained and relied upon only so far as they entitled him to recover upon an executed special contract.
There were six counts in the complaint and all of them were common counts except one, which was designated as No. 6. This declared upon a special contract in substance as follows: That on, to-wit, the 1st day of August, 1888, the defendant elected, employed and hired one…
2Cases cited3 opinions
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Crass v. Scruggs & Co.Supreme Court of Alabama · 1896
- Wadsworth v. WilliamsSupreme Court of Alabama · 1893
3Cited by7 opinions
- Johnson v. Stoughton Wagon Co.Wisconsin Supreme Court · 1903
- Montgomery County v. New Farley Nat. BankSupreme Court of Alabama · 1917
- Lynn v. BeanSupreme Court of Alabama · 1904
- West Virginia Judicial Inquiry Commission v. AllamongWest Virginia Supreme Court · 1979
- Anchor Steam Bottling Works v. BaumleSupreme Court of Oklahoma · 1916
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