Jebeles & Colias Conf. Co. v. Brown
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by the Jebeles & Colias Confectionery Company against W. S. Brown. From a judgment for defendant, plaintiff appeals. The appellant brought suit in the court below to recover $1,250, the value of one-half of a party brick wall, setting out in full the contract between defendant and plaintiff’s vendor. The terms of the contract are sufficiently set out in ■ the opinion of the court.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by the Jebeles & Colias Confectionery Company against W. S. Brown. From a judgment for defendant, plaintiff appeals. The appellant brought suit in the court below to recover $1,250, the value of one-half of a party brick wall, setting out in full the contract between defendant and plaintiff’s vendor. The terms of the contract are sufficiently set out in ■ the opinion of the court. Demurrers were filed to the complaint on a number of grounds, but the material ones, and the ones discussed in the opinion, are: “(1)…
1Opinion of the CourtSimpson, J.
This was an action brought by the appellant (plaintiff) against the appellee (defendant) to recover one-half the value of a partition wall, and is based upon the contract which is set out in the record. The arguments of counsel rest the case entirely upon the construction of'this contract, while the case went-off on the ruling of the court in sustaining a demurrer to the complaint in which such contract is set out. The argument of the appellee (defendant) is that, although the contract states that Mercer should pay for half of the partition wall when he began “to build or got ready to build,”…
2Cases cited12 opinions
- Mott v. . OppenheimerNew York Court of Appeals · 1892
- Conduitt v. RossIndiana Supreme Court · 1885
- Gilmer v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
- Gibson v. HoldenIllinois Supreme Court · 1885
- King v. WightMassachusetts Supreme Judicial Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Montgomery-Moore Mfg. Co. v. LeethAlabama Court of Appeals · 1911
- Cino Theatre Co. v. B/G Sandwich Shops, Inc.Court of Appeals for the Sixth Circuit · 1928
- Culver v. A. A. Gambill Realty Co.Supreme Court of Alabama · 1925
- Lowery v. MaySupreme Court of Alabama · 1925