LaFayette Railway Co. v. Tucker
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before lion. J. M. Carmichael. Action by J. A. Tucker and another against the LaFayette Railroad Company for work and labor done. The plaintiffs Avere sub-contractors in building the road bed. During the time they Avere at work the engineer of the company directed certain changes Avliich involved extra labor, and told the sub-contractors that the company would pay for it.
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Appeal from Lee Circuit Court. Tried before lion. J. M. Carmichael. Action by J. A. Tucker and another against the LaFayette Railroad Company for work and labor done. The plaintiffs Avere sub-contractors in building the road bed. During the time they Avere at work the engineer of the company directed certain changes Avliich involved extra labor, and told the sub-contractors that the company would pay for it. The statement of OoAvan, the engineer, testified to by W. B. Tucker and referred to in the opinion as part of the res gestae, Avas as folloAArs: “That he had a talk with Mr. OoAvan during…
1Opinion of the CourtSharpe, J.
— The demurrers were properly overruled.
The first count of the complaint as amended conforms substantially to the Code form where the action is for work and labor done upon request.
The second discloses a good cause of action, for though it is silent as to the request, it avers the doing of work for the defendant which was accepted and used by it. These facts are sufficient to raise an implied promise on the defendant’s part to pay the reasonable value of the service, though its performance had not been previously requested. — Abbott v. Hermon, 7 Greenl. (Me.) 118; Day v. Caton, 119 Mass. 513,…
2Cases cited5 opinions
- Day v. CatonMassachusetts Supreme Judicial Court · 1876
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- Belmont Coal & Railroad v. SmithSupreme Court of Alabama · 1883
- McCoy v. WatsonSupreme Court of Alabama · 1874
- Golding v. Merchant & Co.Supreme Court of Alabama · 1869
3Cited by6 opinions
- Southern Ry. Co. v. BeatySupreme Court of Alabama · 1925
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- Bigham v. StateSupreme Court of Alabama · 1919
- Standard Motorcar Co. v. McMahonSupreme Court of Alabama · 1919
- Merrill v. WorthingtonSupreme Court of Alabama · 1908
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