Birmingham Water Works Co. v. Ferguson
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by J. W. Ferguson against the Birmingham Water Works Company for breach of contract to supply water at his residence. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by J. W. Ferguson against the Birmingham Water Works Company for breach of contract to supply water at his residence. Judgment for plaintiff and defendant appeals. It urns for the jury to determine Avhether there Avas a contract, and the court erred in stating that the plaintiff had shown a contract Avith the defendant. — Hare v. Little, 28 Ala. 236; Fur-ham v. Mayer, 54 Ala. 263; McIntosh v. The State, 140 Ala. 137. The allegation Avas that the defendant had promised or agreed to furnish Avater for public use.— Eastman…
1Opinion of the CourtDenson, J.
This is an action in assumpsit by the plaintiff against the defendant, Birmingham Waterworks Company, for the breach of an alleged contract between the parties whereby, it is averred, the defendant agreed to supply plaintiff water at his residence, No. 2423 Fourth avenue, at the rate of $5.50 a quarter, payable in advance at the beginning of each quarter. The breach alleged, is, that on, to wit, the 25th day of July, 1906, the defendant’s agent, without excuse for so doing, and while plaintiff was absent from his home cut off plaintiff’s supply of water, and kept it off for, to wit, 30 hours.…
2Cases cited10 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Culver v. HillSupreme Court of Alabama · 1880
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- Moyer v. GordonIndiana Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- B & M HOMES, INC. v. HoganSupreme Court of Alabama · 1979
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Birmingham Water Works Co. v. MartiniAlabama Court of Appeals · 1911
- Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
16 more not listed; retrieve them via the Exa API.