George v. Cahawba & Marion Rail Road
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. Assumpsit by George against the Rail Road Company. The declaration, besides the common counts, has one, in which the plaintiff' counts on a special contract between himself and the Company, by which he was to perform certain work, and labor, on the road, for certain compensation to be paid him.
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Writ of Error to the Circuit Court of Dallas. Assumpsit by George against the Rail Road Company. The declaration, besides the common counts, has one, in which the plaintiff' counts on a special contract between himself and the Company, by which he was to perform certain work, and labor, on the road, for certain compensation to be paid him. The work to be done was, the excavation and grading of the 11th and 12th sections of the road, for which the plaintiff was to receive twenty-five cents per yard, for excavating, and twenty cents per yard for grading. The count avers, that plaintiff entered…
1Opinion of the CourtGoldthwaite, J.
1. The question in this case, of the right to set off the instalments, due to the Rail Road Company, by the plaintiff, against his action, is not one of difficulty. The general rule in relation to set off is, if the moneys sought to be recovered under a special contract, for damages, may be recovered under the common counts, then the defendant may set off. [Chitty on Con. 332; see also, McCord v. Williams, 2 Ala. Rep. 71.] Let us test the plaintiff’s special count by this rule. He does not pretend that any thing is due him for the services actually rendered, though the assertion is made, that…
2Cases cited4 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Shannon v. ComstockNew York Supreme Court · 1839
- McCord v. WilliamsSupreme Court of Alabama · 1841
- Hazard v. PurdomSupreme Court of Alabama · 1836
3Cited by18 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1890
- Culver v. HillSupreme Court of Alabama · 1880
- Med Plus Properties v. COLCOCK CONST.Supreme Court of Alabama · 1993
- Cobbs v. Fred Burgos Const. Co.Supreme Court of Alabama · 1985
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
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