Ready v. Mayor of Tuskaloosa
Supreme Court of Alabama
EttiioR to the Circuit Court of Tuskaloosa. This action was brought by the defendants against the plaintiffs in error upon a penal bond. The declaration is as follows: The Mayor and Aldermen of the city of Tuskaloosa complain of Aaron Beady and Willis Banks, executors, &c., of a plea of debt, that they render to the plaintiffs the sum of eight thousand dollars, &c.
Read the full summary
EttiioR to the Circuit Court of Tuskaloosa. This action was brought by the defendants against the plaintiffs in error upon a penal bond. The declaration is as follows: The Mayor and Aldermen of the city of Tuskaloosa complain of Aaron Beady and Willis Banks, executors, &c., of a plea of debt, that they render to the plaintiffs the sum of eight thousand dollars, &c. For that whereas the said Edward Sims, in his life time, to wit: on the 20th May, 1833, at, &c., together with one John J. Webster, not sued in this action, by his certain writing obligatory, sealed, &c., acknowledged himself to be…
1Opinion of the CourtOrmond, J.
The principal question in this cause is, the construction of the covenant- — the plaintiff in error contending that Sims, the surety, did not, by the covenant he entered into, warrant the work to stand for ten years. The interpretation of the covenant is to be gathered from the language employed by the parties, considered in connection with the subject matter of the contract.
The corporation of Tuskaloosa, desiring to build a wall across a wash or gulley, so as to arrest its further progress, made proposals by a written specification, describing minutely the work to be done, the manner and the…
2Cases cited3 opinions
- Hill v. BishopSupreme Court of Alabama · 1841
- Blackburn v. BakerSupreme Court of Alabama · 1840
- Greene v. LintonSupreme Court of Alabama · 1838
3Cited by4 opinions
- Faulkner v. City of AuroraIndiana Supreme Court · 1882
- Pollock's administrator v. LouisvilleCourt of Appeals of Kentucky · 1877
- W. T. Rawleigh Medical Co. v. BunningNebraska Supreme Court · 1920
- Warren v. Mobile & Montgomery RailroadSupreme Court of Alabama · 1873