Legal Opinion

Wilson v. Smith

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 15 opinions

Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellee against the appellant. The complaint contains two counts.

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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellee against the appellant. The complaint contains two counts. The first claims $144.18, for work and labor done by plaintiff for defendant during the year 1893. The second claims $144.13, as balance due upon a contract for work and labor done by plaintiff for defendant during the year 1893, with' interest thereon from January 1, 1894, wherein plaintiff agreed to work for defendant one year and did work for defendant one year according to the terms of said contract, and defendant…

1Opinion of the Court

HEAD,.J.

The first and second assignments of error cannot be sustained. Whilst there is conflict in the evidence of the terms of the contract, there is no ambiguity in them from the standpoint of either party, and hence, no room for evidence of custom. There is no claim, nor proof to support such, of damages sustained by the defendant by reason of the plaintiff’s ill health. By mutual consent, the entire term of service was settled and paid for, except for August and the first half of September, and one day in May. The sole controversy is whether plaintiff ought to be paid for that time, it…

2Cases cited2 opinions

  1. Jones v. DeyerSupreme Court of Alabama · 1849
  2. Hunter v. WaldronSupreme Court of Alabama · 1845

3Cited by15 opinions

  1. Smith v. SharpeSupreme Court of Alabama · 1909
  2. Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
  3. International Harvester Co. v. WilliamsSupreme Court of Alabama · 1931
  4. Alabama Power Co. v. EmensSupreme Court of Alabama · 1934
  5. Pure Oil Co. v. CooperSupreme Court of Alabama · 1946

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