Bohanan v. Thomas
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumsit by James R. Thomas against D. P. Bohanan. For a judgment for plaintiff, defendant appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumsit by James R. Thomas against D. P. Bohanan. For a judgment for plaintiff, defendant appeals. The action was for breach of the following contract: “September 22, 1902. This agreement, between D. P. Bohanan, of the first part, and J. R. Thomas, of the second part, witnesseth: That the said D. P. Bohanan has sold to said Thomas 80 acres of land (here follows the description) for the sum of $648, to be paid in notes. D. P. Bohanan does agree to erect one boxed plank, 16x-24 ft. house, with shed room on back side; said…
1Opinion of the CourtAnderson, J.
We are of opinion that the contract, as set out in the complaint, placed the duty upon the defendant of furnishing the material for the house, and that the demurrer to the fifth plea was properl] sustained, as it did not answer the complaint.
The contract, set out in the complaint, was not. such a one as required the suit brought in the name of the real owner under the terms of section 28 of the Code of 1896 (section 2489 of the Code of 1907). Nor did pleas 7 and 8 bring the suit within the provision of section 876 of the Code of 1896. Conceding, without deciding, that the contract was such an…
2Cases cited3 opinions
- Johnson v. MartinSupreme Court of Alabama · 1875
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Snead v. BellSupreme Court of Alabama · 1904
3Cited by5 opinions
- Richards v. MontgomerySupreme Court of Alabama · 1935
- Gore v. GoreSupreme Court of Alabama · 1948
- Bohanan v. DardenAlabama Court of Appeals · 1913
- Bohanan v. DardenAlabama Court of Appeals · 1913
- Kreisman v. KitchenSupreme Court of Alabama · 1930