Bonifay v. Hassell
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before tbe Hon. John P." Hubbard. Tbe contract provided that plaintiff should raft timber as fast as it was delivered at tbe mouth of a certain creek; and run tbe same down to Ferry Pass, Fla., as fast as tbe river would permit; and that for this service defendant was to pay plaintiff 30 cents per stick for all tbe timber delivered at Perry Pass, and plaintiff was to pay $3 per stick for all timber lost.
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Appeal from the Circuit Court of Covington. Tried before tbe Hon. John P." Hubbard. Tbe contract provided that plaintiff should raft timber as fast as it was delivered at tbe mouth of a certain creek; and run tbe same down to Ferry Pass, Fla., as fast as tbe river would permit; and that for this service defendant was to pay plaintiff 30 cents per stick for all tbe timber delivered at Perry Pass, and plaintiff was to pay $3 per stick for all timber lost. The evidence tended to show that some time in December, after making tbe contract, plaintiff had a quantity of timber which was caught by…
1Opinion of the CourtHabalson, J.
The complaint in this ease is-in accordance with form 9, p. 291, of the Code, for the breach of a dependent covenant or agreement. The demurrer to it was overruled, and the ruling though assigned as error, is not insisted on in argument of counsel, and is therefore waived.
The pleas upon which issue was joined were the general issue, set off and recoupment.
1. The court in its general charge, first excepted to by defendant, stated to the jury, “That the contract should be so interpreted, that the timber should be delivered in a reasonable time.” The contract of the plaintiff was, “to raft said…
2Cited by8 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Malone v. ReynoldsSupreme Court of Alabama · 1925
- Whiting v. DoddAlabama Court of Appeals · 1957
- Peck-Hammond Co. v. HeifnerSupreme Court of Alabama · 1902
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