Terrell v. Nelson
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by A. J. Terrell against Frank Nelson, Jr., and another, for a breach of contract to purchase stone. Judgment for defendants and plaintiff appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by A. J. Terrell against Frank Nelson, Jr., and another, for a breach of contract to purchase stone. Judgment for defendants and plaintiff appeals. The first count charges a contract alleged to have been made by defendants with plaintiff, by which the defendants, for value received, promised to purchase and receive from plaintiff, at fl per cubic yard, all the stone that might be necessary to complete the construction of lock 3 on the Tombigbee river, to wit, 20,000 cubic yards, said stone to be delivered by plaintiff…
1Opinion of the CourtAnderson, J.
It has been repeatedly held by this court that if a complaint avers a contract between the plaintiff and defendant, and a breach by the defendant, the plaintiff is entitled to recover at least nominal damages. If the complaint states a cause of action, and shoAvs a right to recover nominal damages, but also contains a claim for nonrecoverable damages, the point that it claims nonrecoverable damages cannot be tested by a demurrer, but should be raised by motion to strike, objections to the evidence, or special instruc*599tions to the jury.—Treadwell v. Tillis, 108 Ala. 262, 18 South. 886.
The…
2Cases cited1 opinion
- Treadwell v. TillisSupreme Court of Alabama · 1895
3Cited by17 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Floyd v. PughSupreme Court of Alabama · 1917
- Moss v. KingSupreme Court of Alabama · 1914
- Nunnally Co. v. Bromberg & Co.Supreme Court of Alabama · 1928
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