Fleming v. Lunsford
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Peaece. Assumpsit by G. M. Lunsford, and others, against P. T. Fleming and others. Judgment for plaintiffs and defendants appeal.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Peaece. Assumpsit by G. M. Lunsford, and others, against P. T. Fleming and others. Judgment for plaintiffs and defendants appeal. The tenth assignment of error is as follows: “The court erred in excluding, upon motion of the plaintiffs, the answer of witness Frank Lockwood, contained in his deposition, to a question asked him by defendant, which ansAver was excluded, except the folloAving: “The work, generally, Avas inferior in every respect.’ The question Avas: 'State what Avas the difference in the material used in the construction…
1Opinion of the CourtMcOLELLAN, J.
This suit was instituted against appellants by appellees, and sought, as “original contractors,” to recover a sum of money alleged to be due appellees on account of work done and materials furnished in the construction of a building, to be used as an infirmary, in Enterprise. The pleading was in short by consent, with leave to give in evidence “all testimony that might he legally introduced if the parties had filed special pleadings.” All pleas were withdrawn under this arrangement.
All of the errors assigned, save two, complain of rulings on the admission and rejection of evidence. The…
2Cited by12 opinions
- Berkel & Co. Contractors v. Providence Hosp.Supreme Court of Alabama · 1984
- McLendon Pools, Inc. v. BushCourt of Civil Appeals of Alabama · 1982
- Independent Shope Brick Co. v. DuggerCourt of Appeals of Texas · 1926
- Wellden v. RobertsAlabama Court of Appeals · 1951
- Alabama Pool & Const. Co., Inc. v. RickardCourt of Civil Appeals of Alabama · 1982
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