Bienville Water Supply Co. v. City of Mobile
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This action was brought by the appellant, The Bienville Water Supply Company, against the appellee, the City of Mobile. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. There were verdict and judgment for the defendant.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This action was brought by the appellant, The Bienville Water Supply Company, against the appellee, the City of Mobile. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. There were verdict and judgment for the defendant. The plaintiff appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved. The court erred in charging the jury that the $1,000 forfeit in the contract was liquidated…
1Opinion of the CourtTyson, J.
The complaint contains three counts. In the first, the one thousand dollars sought to he recovered, it is 'alleged, is a balance due by the defendant for water supplied by the plaintiff for the months of February and March, 1894, under a contract existing between the plaintiff and defendant. It is alleged that nnder the con*180tract, the plaintiff was entitled to be paid $1,125 per month for each and every month, it furnished water to the defendant, through its mains, plugs and fire hydrants for the extinguishment of fires and for other purposes provided by the contract. It is further alleged…
2Cases cited4 opinions
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
- Seymour & Co. v. FarquharSupreme Court of Alabama · 1890
- Mead v. Hughes's AdministratorSupreme Court of Alabama · 1849
3Cited by38 opinions
- Kelly v. HanwickSupreme Court of Alabama · 1934
- Reynolds v. MasseySupreme Court of Alabama · 1929
- First National Bank v. TysonSupreme Court of Alabama · 1905
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- Alabama Red Cedar Co. v. Tennessee Valley BankSupreme Court of Alabama · 1917
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