Legal Opinion

Bixby-Theisen Co. v. Evans

Supreme Court of Alabama

Decided November 28, 1911PublishedCited by 16 opinions

Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Milton IT. Evans against the Bixby-Theisen Company. Judgment for plaintiff and defendant appeals.

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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Milton IT. Evans against the Bixby-Theisen Company. Judgment for plaintiff and defendant appeals. Count 1 was as follows: “Plaintiff claims of defendant $1,900 damages for the breach of a contract whereby defendant promised to loan plaintiff enough money to erect certain improvements upon certain lands belonging to plaintiff, not exceeding $2,000; that the consideration of this promise was that plaintiff should tear away certain improvements already standing on said lands, and should erect certain new…

1Opinion of the CourtSayre, J.

There Avasno error in the court’s rulings on the pleadings. — Bixby v. Evans, 167 Ala. 431, 52 South. 843, 29 L. R. A. (N. S.) 194, 140 Am. St. Rep. 47.

The court overruled defendant’s motion to strike from, the complaint certain items of damages claimed. The rule here is not to predicate error of such rulings for the reason that the defendant may protect himself against injurious results, in case of error, by objections to the evidence, by exceptions to the court’s oral charge authorizing recovery, and by special charges.— Vandiver v. Waller, 143 Ala. 411, 39 South. 136; Southern Ry. Co. v.…

2Cases cited3 opinions

  1. Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
  2. Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
  3. Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910

3Cited by16 opinions

  1. Moore v. WilliamsonSupreme Court of Alabama · 1925
  2. Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
  3. Louisville & Nashville R. R. v. FletcherSupreme Court of Alabama · 1915
  4. Roddam v. BrownSupreme Court of Alabama · 1917
  5. Birmingham W. W. Co. v. HernandezSupreme Court of Alabama · 1916

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