Basenberg v. Lawrence
Supreme Court of Alabama
Appeal from Birmingham C'ity Court. Heard before Hon. C. W. Ferguson. Action by L. Lawrence against Fred Bassenberg. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham C'ity Court. Heard before Hon. C. W. Ferguson. Action by L. Lawrence against Fred Bassenberg. Judgment for plaintiff, and defendant appeals. The first count set out the contract by which L. Lawrence agreed to move two houses, after the manner de.scribed in the contract, and to replace all brick work in first-class condition, and to raise one of the houses two feet from the ground; the party doing the moving to furnish all material necessary to complete the job. The breach alleged is that the party of the second part stopped the party of the first part and prevented him…
1Opinion of the CourtDenson, J.
This cause originated in a justice court; and from the judgment rendered by the justice, in favor of the defendant, plaintiff appealed to the city court. Prom judgment rendered by the latter court, in favor of the plaintiff, the defendant prosecutes this appeal.
The first question presented by the assignment of errors is the ruling of the court declining to exclude the testimony of witness Thomas. The motion to exclude was without merit, because the witness’ testimony did not show, as movant assumed, that the witness “did not know anything about plaster.” A fair construction of the testimony…
2Cited by3 opinions
- Blalack v. BlacksherAlabama Court of Appeals · 1914
- Ory-Cohen v. TaylorSupreme Court of Alabama · 1922
- Floyd v. LamarAlabama Court of Appeals · 1915