Worthington & Co. v. Gwin
Supreme Court of Alabama
Appeal from Birmingbam City Court. Tried before Hon. Wm. W. Wilkerson. Tlie questions presented by the various assignments of error, based on the pleadings and the evidence, are shown in the opinion.
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Appeal from Birmingbam City Court. Tried before Hon. Wm. W. Wilkerson. Tlie questions presented by the various assignments of error, based on the pleadings and the evidence, are shown in the opinion. The defendants excepted to the following portions of the oral charge of the court: (a) “The plaintiff had a right to mine the out crop ore in the territory, all of it, and if he mined outside of it and didn’t mine all that was in it, though he mined outside, that which he mined outside couldn’t be used to counterbalance that which he didn’t mine on the inside, and deprive him of the right to mine…
1Opinion of the Court
BRICKELL, C. J
This action Avas instituted by appellee to recover damages for the breach of a mining contract entered into betAveen appellants and appellee’s assignor. By the terms of the agreement, which Avas in the form of a Avritten proposition by Thomas H. Dunn and the acceptance thereof by appellants, appellee Avas to “strip, quarry and deliver one quarter of a mile of the out-crop [ore], commencing at a point nearest the Birmingmam Mineral Railroad, at 50 cents (fifty cents) per ton of 2240 lbs., weight to be ascertained from furnace company receiving the ore, such furnace company…
2Cases cited5 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Cahen v. . PlattNew York Court of Appeals · 1877
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
- Johnson v. AllenSupreme Court of Alabama · 1884
- Columbus & Western Railway Co. v. BridgesSupreme Court of Alabama · 1888
3Cited by47 opinions
- Brady v. OliverTennessee Supreme Court · 1911
- Jones v. LanierSupreme Court of Alabama · 1916
- Trapkus v. Edstrom's, Inc.Appellate Court of Illinois · 1986
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Patton v. StateSupreme Court of Alabama · 1916
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