Moore v. Lea's Adm'r
Supreme Court of Alabama
[ACTION AGAINST MASTER WORKMAN FOR BREACH OF CONTRACT.] Appeal from tbe Circuit Court of Madison. Tried before the Hon. ¥m. S. Mudd. This action was brought by the administrator of H. II.
Read the full summary
[ACTION AGAINST MASTER WORKMAN FOR BREACH OF CONTRACT.] Appeal from tbe Circuit Court of Madison. Tried before the Hon. ¥m. S. Mudd. This action was brought by the administrator of H. II. Lea, deceased, against Hugh N. Moore, to recover damages for the breach of a written contract, which was in these words: “ I agree to do the following work on the Presbyterian church at "Whitesburg, in the best plain workmanship— that is: “One neat pulpit, $30; 10 stone pillars, 2 feet longer than the old ones, and 2 feet wide at bottom, diminishing to sile of sill, $80; extra studs in wall, $4; patching…
1Opinion of the CourtRice, C. J.
Tbe contract for tbe breach of wbicb tbis action was brought, is “ a contract for tbe letting out and hiring of work by tbe great, or, as it is more commonly called, job or taskwork,” — a contract to build a church, tbe employer agreeing to furnish all tbe materials, “ except tbe stone, &c., for the pillars,” wbicb tbe undertaker agreed to furnish. — Addison on Con. (edition of 1857,) 443. Tbe employer was bound to do every thing that was necessary to be done on bis part to enable the undertaker to execute bis engagement and earn tbe hire or reward, (Addison on Contracts, 446;) and as no time…
2Cases cited2 opinions
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Rutherford v. McIvorSupreme Court of Alabama · 1852
3Cited by5 opinions
- A. T. & S. F. Rld. v. FrazierSupreme Court of Kansas · 1882
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Nelson v. WoodSupreme Court of Alabama · 1878
- Coltart v. LaughinghouseSupreme Court of Alabama · 1861