Southern Bitulithic Co. v. Hughston
Supreme Court of Alabama
Appeal from Morgan Law- and Equity Court. Heard before Hon. Thomas W. Wert. Action by W. A. Hughston against the Southern Bitulithic Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Morgan Law- and Equity Court. Heard before Hon. Thomas W. Wert. Action by W. A. Hughston against the Southern Bitulithic Company. From a judgment for plaintiff, defendant appeals. The action was begun by attachment, and the first count declared for the breach of a contract between Hughston and the defendant company, wherein the plaintiff contracted with the defendant to do all the grading for the defendant necessary for the execution of its contract with the city of Decatur relative to the improvement of certain streets and to do certain hauling. The breach declared on is that…
1Opinion of the CourtSayre, J.
Demurrers to counts 1 and 2 were sustained. On the motion for a new trial the court required plaintiff to remit such damages as might have been recovered under counts 3 and 4, the common counts, as a condition upon which the motion would be overruled, which was accordingly done. We are to-consider, therefore, only those questions which arose-under counts 5 and 6.
These counts claimed damages as for the breach of a contract between the parties for that plaintiff was. put to great expense and caused to lose profits which otherwise he would have realized, by reason of the-defendant’s wrong in…
2Cases cited7 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Carter v. ChambersSupreme Court of Alabama · 1885
- Inge v. Board of Public Works of MobileSupreme Court of Alabama · 1902
- White v. StateSupreme Court of Alabama · 1888
- Mobile & Montgomery Railway Co. v. YeatesSupreme Court of Alabama · 1880
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