Alabama Western Railroad v. Talley-Bates Const. Co.
Supreme Court of Alabama
Appeal from Franklin Circnit Court. Heard before Hon. C. P. Almon. Action by the Talley-Bates Construction Company against the Alabama Western Railroad Company to recover price of construction work in the building of said road. There was a'judgment for plaintiff and defendant appeals. The contract in this case is entire. Full performance on its part constituted the defendant’s promise to pay.
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Appeal from Franklin Circnit Court. Heard before Hon. C. P. Almon. Action by the Talley-Bates Construction Company against the Alabama Western Railroad Company to recover price of construction work in the building of said road. There was a'judgment for plaintiff and defendant appeals. The contract in this case is entire. Full performance on its part constituted the defendant’s promise to pay. The provisions for payment in installment and at so much per yard, does not affect the contract’s entirety. — Kirkland v. Oates, 25 Ala. 465; Partridge v. Forsythe, 29 Ala. 200; Martin v. Massey, 127…
1Opinion
On Rehearing.
SAYRE, J.
Now, for tbe first time, counsel for appellee calls our attention to so much of section 4628 of *410the Code of 1907 as reads as follows: “Whenever a case is argued orally, the opinion must be delivered by a justice who heard the oral argument” — with, suggestion that, in view of the fact that this appeal was argued orally at a time when the writer had not yet come upon the bench, the judgment of reversal must be set aside and the cause set down for reargument, in order that there may be a compliance with the statute. Without conceding the power of the Legislature to control…
2Cases cited7 opinions
- Riglander v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Houston v. WilliamsCalifornia Supreme Court · 1859
- Herndon v. Imperial Fire InsuranceSupreme Court of North Carolina · 1892
- Ex parte GriffithsIndiana Supreme Court · 1889
- Speight v. People ex rel. County CollectorIllinois Supreme Court · 1877
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