Whatley v. Reese
Supreme Court of Alabama
Appeal from tlie City Court of Anniston. Tried before the Hon. James W. Lapsley. This was an action brought by the appellee, L. R. Reese, against the appellants, constituting the Board of Trustees of the Anni-ston Normal' and Industrial School; seeking to recover an amount alleged to be due the plaintiff for work and labor done in the repairing of the school building, and to have a lien declared on said building to -secure the payment of -said amount.
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Appeal from tlie City Court of Anniston. Tried before the Hon. James W. Lapsley. This was an action brought by the appellee, L. R. Reese, against the appellants, constituting the Board of Trustees of the Anni-ston Normal' and Industrial School; seeking to recover an amount alleged to be due the plaintiff for work and labor done in the repairing of the school building, and to have a lien declared on said building to -secure the payment of -said amount. The defendants pleaded the general issue, and a special plea, the substance of which is set out in the opinion. On the trial of the cause, the…
1Opinion of the CourtHaralson, J.
1. The first contention of-defendants below, appellants here is, as stated in brief of counsel, that the court erred in admitting in evidence the contract made by- A. A. Battle in his own name, for that there is nothing to'show that Reese did not contract with Battle on his own personal credit and responsibility.
The precise objection -raised against the introduction of the written agreement in evidence was, — “because it *503was illegal and incompetent as a contract, and it is not signed by Reese, the plaintiff.” All other grounds of objection to the introduction of the paper as evidence than the…
2Cases cited4 opinions
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Huckabee v. ShepherdSupreme Court of Alabama · 1883
- American Oak Extract Co. v. RyanSupreme Court of Alabama · 1893
- Murphy v. FarleySupreme Court of Alabama · 1899
3Cited by7 opinions
- Perry v. CommissionerUnited States Tax Court · 1968
- Holmes v. EvansSupreme Court of Oklahoma · 1911
- Paterson & Edey Lumber Co. v. Carolina-Portland Cement Co.Supreme Court of Alabama · 1927
- Stoughton v. Cole Supply CompanySupreme Court of Alabama · 1962
- Henderson v. Holmes DawsonSupreme Court of Alabama · 1920
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