Stephenson Brick Co. v. Bessemer Engineering & Construction Co.

The opinion' on the former appeal sufficiently states the case (Stephenson Brick Co. v. Bessemer Engineering & Construction Co., 218 Ala. 325, 118 So. 570), and we adhere to the conclusion there reached that a jury question was presented, and the affirmative charge requested for defendant properly refused.

There were upon this trial presented two issues of fact: Whether or not it was agreed among the parties that plaintiffs were to be paid extra for rock excavation, and, if so, the amount and reasonable value for such work. Both of these issues found sharp dispute in the proof.

Defendant…