Boylston v. Sherran
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. JohN E. MooRe. The complaint in this case was as follows : “Michael Sborran, sr.,\ The plaintiffs claim of the Michael Sherran, jr., ( defendant $460, for the breach vs. ( of an agreement, entered into Joseph C. Boylston. / by him on the 28th, June, 1854, in substance as follows: ‘ June 28th, 1854. Contract between Joseph C. Boylston on one part, and Michael Sher-ran of the other part: The said Sherran agrees to…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. JohN E. MooRe. The complaint in this case was as follows : “Michael Sborran, sr.,\ The plaintiffs claim of the Michael Sherran, jr., ( defendant $460, for the breach vs. ( of an agreement, entered into Joseph C. Boylston. / by him on the 28th, June, 1854, in substance as follows: ‘ June 28th, 1854. Contract between Joseph C. Boylston on one part, and Michael Sher-ran of the other part: The said Sherran agrees to cut a canal, or ditch, three quarters of a mile long, twelve feet wide, one foot and a half deep, more or less; the…
1Opinion of the CourtWalker, J.
— The contract described in the complaint is certainly different from that given in evidence, in that the latter requires the plaintiffs “ to open the track,” and makes that one of the duties for the discharge of which the defendant was to pay four hundred and sixty dollars, while the former makes no such exaction. If by opening the track the parties meant cleaning off the ground where the ditch was to be dug, we can not say that the duty, required in the contract described, of cutting the ditch, included the cleaning off the ground, or opening the track. They are distinct acts, and the…
2Cases cited1 opinion
- Strange v. PowellSupreme Court of Alabama · 1849
3Cited by3 opinions
- Jackson Lumber Co. v. TrammellSupreme Court of Alabama · 1917
- United States Health & Accident Ins. v. SavageSupreme Court of Alabama · 1914
- Stewart & Co. v. SonnebornSupreme Court of Alabama · 1873