Harris v. Free
Alabama Court of Appeals
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by Annie K. Harris against J. S. Free and others for damages for breach of contract. Judgment for defendants, and plaintiff appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by Annie K. Harris against J. S. Free and others for damages for breach of contract. Judgment for defendants, and plaintiff appeals. The suit was originally commenced in the name of Mrs. Annie K. Harris and Samuel B. Harris, but was afterwards amended by striking Samuel B. Harris as a party plaintiff, and by adding certain counts in trespass and trover, for the conversion of timber, and for the cutting of timber from said designated parts of the land. The charge set out in assignment 70 is as follows: “If Dr. S. B.…
1Opinion of the CourtWalken, P. J.
The claims asserted by the plaintiff (appellant here) were dependent upon the terms of a conveyance executed to the defendants by her and her husband, who was originally joined with her as a party plaintiff in the suit. That conveyance bore date January 1, 1909, embraced, with an exception not material to be stated, all timber standing on a described tract of land, provided that the timber on a designated part of the tract, referred to as the “new ground,” should be removed on or before the 15th day of March, 1909, that the timber on another designated part of the land, referred to as the…
2Cases cited3 opinions
- Drake v. GoreeSupreme Court of Alabama · 1853
- Cotton v. CottonSupreme Court of Alabama · 1883
- Lane v. May & Thomas Hardware Co.Supreme Court of Alabama · 1898
3Cited by4 opinions
- Dowling-Martin Grocery Co. v. J. C. Lysle Milling Co.Supreme Court of Alabama · 1919
- Herzfeld Lumber Co. v. LangleyAlabama Court of Appeals · 1922
- Roanoke-Goodwater Pine Co. v. CannonAlabama Court of Appeals · 1951
- Tolar v. BurkettAlabama Court of Appeals · 1946