Legal Opinion

Cranford Mercantile Co. v. Wells

Supreme Court of Alabama

Decided January 13, 1916PublishedCited by 11 opinions

Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by the Cranford Mercantile Company against Mrs. W. T. Wells and others. Judgment for defendants, and plaintiff appeals.

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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by the Cranford Mercantile Company against Mrs. W. T. Wells and others. Judgment for defendants, and plaintiff appeals. The following are the pleas referred to: (4) That by the terms of the contract under which the building mentioned in the complaint was erected by the said Smith the said Smith was to furnish materials and complete the building at his own expense for the sum of to wit, $2,400, by a specified time, .to wit, September 1, 1910, and in said contract it was provided that, if said contractor at any time…

1Opinion of the Court

SAYRE, J.(1) Errors are assigned upon the action of the trial court in overruling plaintiff’s (appellant’s) demurrers to *254pleas numbered 4 and 8, and in sustaining defendant’s demurrers to replications 2, 3, and 4, filed in reply to various pleas. These pleas and replications will be set out in the report. It appears from the complaint that defendant Mrs. Wells entered into a contract with one Smith by which he was to furnish materials and build a home for her. Plaintiff had furnished materials to Smith in order to enable him to execute his contract, and sought judgment against Mrs. Wells and…

2Cases cited3 opinions

  1. Alabama & Georgia Lumber Co. v. TisdaleSupreme Court of Alabama · 1903
  2. McDonald Stone Co. v. Stern & MarxSupreme Court of Alabama · 1904
  3. Selma Sash, Door & Blind Factory v. StoddardSupreme Court of Alabama · 1896

3Cited by11 opinions

  1. Justice v. ARAB LUMBER AND SUPPLY, INC.Supreme Court of Alabama · 1988
  2. Baker Sand & Gravel Co. v. Rogers Plumbing & Heating Co.Supreme Court of Alabama · 1934
  3. Richardson Lumber Co. v. HowellSupreme Court of Alabama · 1929
  4. Dixie Lumber Co. v. YoungSupreme Court of Alabama · 1919
  5. Huffman-East Development Corp. v. Summers Electric Supply Co.Supreme Court of Alabama · 1972

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