Hardaway-Wright Co. v. Bradley Bros.
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Heard before Hon. S;. L. Brewer. ' Action by Bradley Bros, against Hardaway-Wright Company. Judgment for plaintiff, and defendants appeal..
Read the full summary
Appeal from Chambers Circuit Court. Heard before Hon. S;. L. Brewer. ' Action by Bradley Bros, against Hardaway-Wright Company. Judgment for plaintiff, and defendants appeal.. The folloAving charges Avere requested by the defendant and refused: (3) “If the jury believe all the evidence, the plaintiffs cannot recover the. 15 per cent, retained under the contract.”' (4) “If the jury believe all the evidence, you must find for the defendant on the claim for damages for alleged delay up to the 12th day of October, 1907.” (7) “If the jury believe from all the evidence that the plaintiffs have…
1Opinion of the CourtSimpson, J.
This is an action by the appellees against the appellant to recover damages for the breach of a contract by which the plaintiffs agreed to grade *599the roadbed of a certain part of a railway; it being claimed by the plaintiffs that after they had at great expense provided themselves with the necessary teams, laborers, and equipment, and had taken them to the place of performance, plaintiffs were first delayed a considerable time, with their teams, etc., on expense, and were finally prevented from carrying on the work, by reason of the fact that the defendant had not secured the right of way, nor…
2Cases cited4 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Watson v. Kirby & SonsSupreme Court of Alabama · 1895
- Danforth v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
3Cited by9 opinions
- W. P. Brown & Sons Lumber Co. v. RattraySupreme Court of Alabama · 1939
- Dunlap v. MacKeSupreme Court of Alabama · 1937
- Alabama Power Co. v. SmithSupreme Court of Alabama · 1934
- Sloss-Sheffield Steel & Iron Co. v. PayneSupreme Court of Alabama · 1914
- Taylor v. Sturm Lumber Co.West Virginia Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.