Troy Fertilizer Co. v. Logan
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before Hon. John P. Hubbard. Action by S. H. Logan against the Troy Fertilizer Company to recover for work and labor performed. This is the second appeal in this case. See 90 Ala. 325. cited Griffin v. State, 76 Ala. 29; MoGoy v. Watson, 51 Ala. 466; Gallen v. McDaniel, 72 Ala. 96; lb. 74 Ala. 206; Dicicerson v. Frisbee., 52 Ala. 165.
1Opinion of the CourtColeman, J.
The suit is in assumpsit, and brought by appellee. The common counts for work and labor performed were joined with a count upon a special contract. The contested questions of law arose under the count upon the special contract. The pleas of the defendant as they appear in the record are: 1st. Tender. 2nd. That the contract was void, under the Statute of Frauds, because it Vas not to be performed within a year from the making thereof, and was not in writing. 3rd. The voluntary abandonment of the contract by plaintiff, without the fault of the defendant, and the abandonment on the 5th of…
2Cases cited4 opinions
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Wilkinson v. BlackSupreme Court of Alabama · 1885
- Carter v. ShorterSupreme Court of Alabama · 1876
- Troy Fertilizer Co. v. LoganSupreme Court of Alabama · 1890
3Cited by8 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Atholwood Development Co. v. HoustonCourt of Appeals of Maryland · 1941
- Navco Hardwood Co. v. BassSupreme Court of Alabama · 1925
- Peoples Shoe Co. v. SkallySupreme Court of Alabama · 1916
- Whiting v. DoddAlabama Court of Appeals · 1957
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