Mobile County v. Linch
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Assumpsit by E. S. Linch against Mobile County. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charges were given for plaintiff: (1) An agreement by a county to pay for work and material in warrants of the county is equivalent to an agreement by the county to pay in money.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Assumpsit by E. S. Linch against Mobile County. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charges were given for plaintiff: (1) An agreement by a county to pay for work and material in warrants of the county is equivalent to an agreement by the county to pay in money. (3) If you are reasonably satisfied from the evidence that E. S. Linch performed work and labor and furnished material in •constructing sewers, curbing, and culverts on Spring Hill avenue, and that the work so…
1Opinion of the CourtMayfield, J.
Appellee sued appellant county. The complaint was based solely on the common counts, one count being-on account stated, and the others, for work and labor done. The case was tried on the general issue, and the trial resulted in a judgment in favor of the appellee for the amount sued for.
The evidence showed without dispute that there was a contract between the parties by which appellee was to grade and improve a certain public highway in Mobile county, and according to certain specifications, the work to be inspected and approved by a civil engineer in the employ of the county. There is…
2Cases cited20 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Comer v. BankheadSupreme Court of Alabama · 1881
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Prowant v. SealySupreme Court of Oklahoma · 1919
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Russell v. GarrettSupreme Court of Alabama · 1922
12 more not listed; retrieve them via the Exa API.