Carey v. Hughes
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. John J. Woodward. This was an action of assumpsit, originating in a justice’s court, and was instituted by the defendant against the plaintiff in error to recover for work and labor done as a ditcher.
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Error to the Circuit Court of Macon. Tried before the Hon. John J. Woodward. This was an action of assumpsit, originating in a justice’s court, and was instituted by the defendant against the plaintiff in error to recover for work and labor done as a ditcher. The plaintiff below swore that he cut for the defendant some time in the winter of 1S45-6, a ditch seventeen hundred and twenty yards long for which he was to have five cents per yard ; that the work amounted to $86, of which defendant paid him $40. The defendant proved by one Amos, that he was defendant’s overseer at the time the work…
1Opinion of the CourtParsons, J.
The evidence does not conclusively show what the contract was. It is more than probable that no actual contract had been made between the parties about the ditching, up to the time when according to the deposition of Mr. Amos the plaintiff below, Hughes, came to commence the work. The parties must have conversed about such a contract, because Carey instructed Amos, who was his overseer at the time, not to let Hughes commence the work of ditching unless he would warrant his work. When Hughes came to commence the work and Amos had told him of this requisition of Carey, Hughes said he would…
2Cited by4 opinions
- Wicks v. StateSupreme Court of Alabama · 1870
- Lehman, Durr & Co. v. Warren & BurchSupreme Court of Alabama · 1875
- Moore v. Watts & SonsSupreme Court of Alabama · 1886
- Henderson v. StateSupreme Court of Alabama · 1873