Troy Lumber & Const. Co. v. Boswell
Supreme Court of Alabama
Appeal from Bike Law Court. Heard before Hon. T. L. Bortjm. Action by the Troy Lumber & Construction Company against J. T. Boswell for work and labor done, with set off and recoupment by defendant. Judgment for defendant and plaintiff appeals.
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Appeal from Bike Law Court. Heard before Hon. T. L. Bortjm. Action by the Troy Lumber & Construction Company against J. T. Boswell for work and labor done, with set off and recoupment by defendant. Judgment for defendant and plaintiff appeals. The court erred in permitting it to be shown by defendant what, in his judgment, is the damage to his property from the way the guttering was put up and left. — Grebbs M. Go. v. Brown, 108 Ala. 510; Young v. Garter, 87 Ala. 727;, M. & W. P. R. R. Go. v. Varnurn, 19 Ala. 185. The proof offered by defendant did not furnish any accurate estimate of his…
1Opinion of the Court
MAYFIELD, J. —
-This action was to recover $14 balance clue for work done by plaintiff for defendant in guttering the defendant’s residence. The defendant pleaded set off and recoupment, and the general issue. The trial resulted in a verdict and judgment for the defendant, from which judgment the plaintiff appeals.
There are quite a number of assignments of error, and all are insisted upon. They go to the admissions and rejections of certain parts of the testimony and to the charges of the court. It is unnecessary to treat each assignment separately. All are clearly without merit, except one,…
2Cases cited7 opinions
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Montgomery & West Point Railroad v. VarnerSupreme Court of Alabama · 1851
- Young & Co. v. CuretonSupreme Court of Alabama · 1888
- Krebs Manufacturing Co. v. BrownSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stewart v. StateAlabama Court of Appeals · 1921
- Melton v. StateAlabama Court of Appeals · 1926
- Exchange Underwriters Agency v. BatesSupreme Court of Alabama · 1915
- Mobile Light R. Co. v. FullerAlabama Court of Appeals · 1921
- Cloud v. VeederAlabama Court of Appeals · 1962
6 more not listed; retrieve them via the Exa API.