Matthews v. Farrell
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. G. K. Miller. This suit was brought by the appellee, D. A. Farrell, against the appellant, T. J. Matthews. The complaint, as originally filed, contained five counts. The 1st and 5th counts were, after demurrer thereto, amended.
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Appeal from the City Court of Talladega. Tried before the Hon. G. K. Miller. This suit was brought by the appellee, D. A. Farrell, against the appellant, T. J. Matthews. The complaint, as originally filed, contained five counts. The 1st and 5th counts were, after demurrer thereto, amended. The 1st count as amended was in fords and figures as follows: “Plaintiff claims of the defendant the sum of seven hundred, forty-six and 75-100 ($746.75) dollars, as a balance due from the defendant to the plaintiff, for installing the plumbing work in the Rex Hotel at Syla-cauga, Alabama, under and by the…
1Opinion of the CourtTyson, J.
It does not appear inferentially or otherwise, in the first connt of the complaint as amended, as seems to be contended in brief, that the demand sought to be enforced is for work performed under the contract other than for installing the plumbing work in the hotel. Besides, if it did so appear, that question is not raised by the demurrer. The count sufficiently avers a performance on the part of the plaintiff of the contract and an indebtedness to him on that account by defendant. The demurrer to the account was properly overruled.
The sustaining of the demurrer to the fourth plea, after…
2Cases cited8 opinions
- Davis v. StateSupreme Court of Alabama · 1901
- Hartford Bridge Co. v. GrangerSupreme Court of Connecticut · 1822
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Sailor v. HertzoggSupreme Court of Pennsylvania · 1845
- Marvin v. RichmondNew York Supreme Court · 1846
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3Cited by16 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Russell v. BushSupreme Court of Alabama · 1916
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Holczstein v. Bessemer Trust & Savings BankSupreme Court of Alabama · 1931
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