Dunaway v. Roden
Alabama Court of Appeals
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by J. H. Roden against A. M. Dunaway. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear from the opinion. The following charges were refused to defendant: (6) If you find from the evidence that there was an entire contract to bore the well, and that plaintiff did not perform the contract in full, but only in part, then your verdict should be for defendant.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by J. H. Roden against A. M. Dunaway. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear from the opinion. The following charges were refused to defendant: (6) If you find from the evidence that there was an entire contract to bore the well, and that plaintiff did not perform the contract in full, but only in part, then your verdict should be for defendant. (7) If you believe plaintiff and defendant first made a contract for plaintiff to bore the well for a mule, and that after-wards a new…
1Opinion of the CourtThomas, J.
Action by appellee, as plaintiff below, against appellant, as defendant below, for compensation for boring a well.
The complaint, to which no demurrer was filed, contained four counts, but the second was eliminated by the giving of the affirmative charge for defendant. The refusal of the court to give such charge for defendant as to each of the other counts is the principal error relied on for a reversal.
The first and third counts sought a recovery under a special contract for boring said well, the only difference between the two being that the latter more fully set out the contract; while the…
2Cases cited5 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Riley v. StateSupreme Court of Alabama · 1889
- Mansfield v. MorganSupreme Court of Alabama · 1903
- Swanner v. SwannerSupreme Court of Alabama · 1873
- Eason v. IsbellSupreme Court of Alabama · 1868
3Cited by8 opinions
- Hendrix, Mohr & Yardley, Inc. v. City of DaphneSupreme Court of Alabama · 1978
- Shelby County v. BakerSupreme Court of Alabama · 1959
- Little v. ReddittSupreme Court of Alabama · 1956
- Jeff D. Jordan & Co. v. Yancey & AbernathySupreme Court of Alabama · 1942
- Clarice-Washington Electric Membership Corp. v. Alabama Power Co.Supreme Court of Alabama · 1961
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