Partridge v. Forsyth
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKiNSTey. This action was brought by Richard T. Forsyth against Charles S. Partridge, to recover the balance due on a contract for the building of a house, which was destroyed by fire before its completion. A cross action was also instituted by Partridge, to recover the amount which he had paid on the contract before the house was burned down.
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Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKiNSTey. This action was brought by Richard T. Forsyth against Charles S. Partridge, to recover the balance due on a contract for the building of a house, which was destroyed by fire before its completion. A cross action was also instituted by Partridge, to recover the amount which he had paid on the contract before the house was burned down. The two actions were tried together, by consent; and the jury returned a verdict in favor of Forsyth. As the material facts of the case are stated in the opinion of the court, it is…
1Opinion of the CourtStone, J.
The bill of exceptions in this case informs us that it contains all the evidence. The evidence relied on to prove a particular custom, is that of one witness, who testified that, “ when a carpenter or master builder, in Mobile, undertook to furnish the lumber, and to do all the carpenter’s work, in building a house for a stipulated and fixed price, it was a general understanding and custom among them, that one third of the stipulated price was payable when the house was covered in, one third when the floors were all laid, and the remaining third when the whole carpenter’s work was completed.”…
2Cases cited19 opinions
- Gibson v. CulverNew York Supreme Court · 1837
- Cunningham v. MorrellNew York Supreme Court · 1813
- Kenan v. HollowaySupreme Court of Alabama · 1849
- State v. BrinyeaSupreme Court of Alabama · 1843
- Brumby v. SmithSupreme Court of Alabama · 1841
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3Cited by31 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Wootters v. KauffmanTexas Supreme Court · 1887
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
26 more not listed; retrieve them via the Exa API.