Fike v. Stratton
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Beb/ney. Action by Edward Gf. Fike against Georgia K. Stratton to enforce a material-man’s lien. From a judgment for insufficient damages, plaintiff appeals. The complainant declares for $1,015 on account for work and labor and for materials furnished in remodeling and improving a residence.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Beb/ney. Action by Edward Gf. Fike against Georgia K. Stratton to enforce a material-man’s lien. From a judgment for insufficient damages, plaintiff appeals. The complainant declares for $1,015 on account for work and labor and for materials furnished in remodeling and improving a residence. The complaint sets forth property on which the lien is claimed, Avith the further averment that the plaintiff Avas the original contractor Avith the defendant or her agent for doing the work, and that the defendant is owner of the…
1Opinion of the CourtAnderson, J.
When the breach of a contract is relied upon as the gist of the action or defense, it is *558necessary that the declaration or plea allege a breach; otherwise it will be demurrable. — 4 Encyc. PI. & Pr. 937.
If the defendant’s promise or engagement contains as a part of it an exception which qualifies his liability, or in certain instances renders him altogether free from liability, the exception must be stated, though this may not be necessary when the proviso does not go to relieve from liability under the contract entirely. — 9 Cyc. 752, and cases cited in notes 39 and 40.
Nor is it necessary…
2Cases cited9 opinions
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Farrall v. StateSupreme Court of Alabama · 1858
- Rogers v. BrooksSupreme Court of Alabama · 1894
- Tyson v. WeilSupreme Court of Alabama · 1910
- Aarnes v. WindhamSupreme Court of Alabama · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Austin v. Tennessee Biscuit Co.Supreme Court of Alabama · 1951
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1915
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- Floyd v. PughSupreme Court of Alabama · 1917
- Lambert v. JeffersonSupreme Court of Alabama · 1948
14 more not listed; retrieve them via the Exa API.