Gardner v. Black
Supreme Court of Alabama
Appeal from Anniston City Court. Tried before tbe Hon. B. F. Cassady. 1. The court erred in overruling defendant’s motion to dismiss plaintiff’s cause of action. The money paid into court was paid to the plaintiff against the objection of defendant.— Hanson v. Todd, 95 Ala. 328. 2. The plaintiff is estopped from saying that the plea of defendant, accompanying his payment into court of the amount admitted to be due, is not a plea of tender.
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Appeal from Anniston City Court. Tried before tbe Hon. B. F. Cassady. 1. The court erred in overruling defendant’s motion to dismiss plaintiff’s cause of action. The money paid into court was paid to the plaintiff against the objection of defendant.— Hanson v. Todd, 95 Ala. 328. 2. The plaintiff is estopped from saying that the plea of defendant, accompanying his payment into court of the amount admitted to be due, is not a plea of tender. It was filed as a plea of tender and so designated in the plea itself; it was not demurred to by the plaintiff; and was so named by the plaintiff in his…
1Opinion of the CourtMcCLELLAN, J.
This action is by Black against Gardner and Goodwin. Tbe complaint contains two counts. In tbe first tbe sum of nine hundred, seventy-one and 65-100 dollars is claimed as damages for tbe breach of a contract whereby tbe plaintiff bad undertaken to build, and bad built be alleges, a house for tbe defendants. Tbe second count claims a like sum alleged to be due by account for material furnished and work and labor done by plaintiff in tbe erection of a certain bouse for tbe defendants.
Three pleas were interposed by defendants. In tbe first of these it is averred: “That said plaintiff, Joel…
2Cases cited6 opinions
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Frank v. PickensSupreme Court of Alabama · 1881
- Hanson v. ToddSupreme Court of Alabama · 1891
- Smith v. AndersSupreme Court of Alabama · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- O'Bar v. Southern Life Health Ins. Co.Supreme Court of Alabama · 1936
- Woodmen of the World v. MaynorSupreme Court of Alabama · 1921
- Syson & Co. v. Hieronymus Bros.Supreme Court of Alabama · 1900
- Bynum v. GaySupreme Court of Alabama · 1909
- Turner's Sons v. Lee Gin & Machine Co.Tennessee Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.