Howard v. East Tenn., Va. & Ga. Railroad
Supreme Court of Alabama
Appeal from the City Court-of Selma. Tried before the Hon. Jona. Haralson. This action was brought by C. L. Howard against the defendant railroad company, to recover damages for an alleged breach of contract of employment, and was commenced on the 19th August, 1889. The court sustained a demurrer to the ■second and third counts of the complaint, and the plaintiff thereupon took a nonsuit. The judgment on demurrer is here assigned as error.
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Appeal from the City Court-of Selma. Tried before the Hon. Jona. Haralson. This action was brought by C. L. Howard against the defendant railroad company, to recover damages for an alleged breach of contract of employment, and was commenced on the 19th August, 1889. The court sustained a demurrer to the ■second and third counts of the complaint, and the plaintiff thereupon took a nonsuit. The judgment on demurrer is here assigned as error. The opinion states the material parts of the contract, so far as shown by the complaint. cited Cotton v. Cotton, 75 Ala. 345 ; Henley v. Bush, 33 Ala. 636;…
1Opinion of the CourtColeman, J.
The suit is for damages growing out of an alleged breach of contract. The trial court sustained a demur*269rer to the second and third counts of the complaint, and the judgment of the court sustaining the demurrer is assigned as error.
The contract, as stated in the second count of the complaint, was made on the lltli of March, 1889, and by its terms the defendant contracted with and appointed the plaintiff as its land agent, agreeing to provide him with annual passes, and to pay him a salary of twenty-five dollars per month; in consideration of which, plaintiff was to travel and work for the…
2Cases cited7 opinions
- Lord v. GoldbergCalifornia Supreme Court · 1889
- Comer v. BankheadSupreme Court of Alabama · 1881
- Erwin v. ErwinSupreme Court of Alabama · 1854
- Beck v. West & Co.Supreme Court of Alabama · 1888
- Cotton v. CottonSupreme Court of Alabama · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hoffman-La Roche, Inc. v. CampbellSupreme Court of Alabama · 1987
- Alabama Mills, Inc. v. SmithSupreme Court of Alabama · 1939
- McClain v. Birmingham Coca-Cola BottlingSupreme Court of Alabama · 1991
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Jones v. LanierSupreme Court of Alabama · 1916
34 more not listed; retrieve them via the Exa API.