Anderson & Co. v. Brammer
Alabama Court of Appeals
Appeal from Birmingham City Court Heard before Hon. Charles A. Senn.- Action by Frank E. Brammer against the individuals composing the partnership of J. B. Anderson & Co., on the common counts and a special contract. Judgment for plaintiff, and defendants appeal.
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Appeal from Birmingham City Court Heard before Hon. Charles A. Senn.- Action by Frank E. Brammer against the individuals composing the partnership of J. B. Anderson & Co., on the common counts and a special contract. Judgment for plaintiff, and defendants appeal. Charge 7, refused to the defendant, is as follows: “If the jury believe from the evidence that defendants breached the contract with the plaintiff, the court charges the jury that plaintiff is not entitled to recover for time lost by the plaintiff after the breach.” The court erred in permitting plaintiff to show that he was unable…
1Opinion of the CourtPelham, J.
This is an action for the breach of a special contract, an oral agreement entered into between the appellee and the appellants, under the terms of which, for a certain specified consideration for each house, the appellee promised and undertook so paint 50 houses for the appellants. The houses were of three kinds or classes; for one kind plaintiff was to receive $5.50 each, and $7.50 and $10 each respectively, for the other two; there being 25 houses rated at $5.50 each, 16 at $7.50 each, and 9 at $10 each. Alleging a breach of the contract and failure upon appellants’ part to allow him to…
2Cases cited8 opinions
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Polly v. McCallSupreme Court of Alabama · 1860
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Bonifay v. HassellSupreme Court of Alabama · 1893
- Smith v. DavisSupreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Med Plus Properties v. COLCOCK CONST.Supreme Court of Alabama · 1993
- Cobbs v. Fred Burgos Const. Co.Supreme Court of Alabama · 1985
- Whiting v. DoddAlabama Court of Appeals · 1957