Maxwell & Delehomme v. Moore
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Maxwell & .Delehomme against Perry L. Moore, for work and material in painting a house. Judgment for defendant and plaintiff appeals. The contract was severable and not entire. — Nonnington v. Wright, 5 Fed. 768; Worthington v. Gtum, 119 Ala. 44; Simms v. Ala. Broto.
Read the full summary
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Maxwell & .Delehomme against Perry L. Moore, for work and material in painting a house. Judgment for defendant and plaintiff appeals. The contract was severable and not entire. — Nonnington v. Wright, 5 Fed. 768; Worthington v. Gtum, 119 Ala. 44; Simms v. Ala. Broto. Go., 132 Ala. 311; Davis v. Preston, 6 Ala. 83; 4 Atl. 828. The contract being severable, recovery could be had.' — Kirkland v. Oates, 25 Ala. 467. See also.— 13 N. Y. Supp. 552; 75 la. 550; 39 N. W. 887; 1 L. B. A. 655. The fact that partial…
1Opinion of the Court
MoCLELLAN, j.
The contract here involved was for the furnishing of the material and the work and labor to apply it in painting a house for defendant (appellee). The contract was not fully performed by plaintiffs — on the contrary, was abandoned by them when approximately 15 per cent, of it was unperformed. The common counts, as here, cannot, under such circumstances, be employed to recover upon a quantum valebat or quantum meruit for the outlay made by plaintiffs.—Carbon Hill Co. v. Cunningham, 153 Ala. 573; 44 South. 1016; Martin v. Massie, 127 Ala. 504, 29 South. 31, and authorities therein…
2Cases cited2 opinions
- Martin v. MassieSupreme Court of Alabama · 1900
- Carbon Hill Coal Co. v. CunninghamSupreme Court of Alabama · 1907
3Cited by8 opinions
- Howell v. DoddSupreme Court of Alabama · 1934
- Hartsell v. TurnerSupreme Court of Alabama · 1916
- Blythe v. EmbryAlabama Court of Appeals · 1952
- Varner v. HardySupreme Court of Alabama · 1923
- Zimmerman v. Western Builders & Salvage Co.Arizona Supreme Court · 1931
3 more not listed; retrieve them via the Exa API.