Hartsell v. Turner
Supreme Court of Alabama
Appeal from Madison Law and Equity Court. Heard before Hon. James H. Ballentine. Action by Ed Hartsell against Curry Turner for breach of contract, and for work and labor. Judgment for defendant and plaintiff appeals. Transferred from the Court of Appeals under the act creating said court.
1Opinion of the CourtSayre, J.
On the first trial of this cause in the court below the plaintiff (appellant here) contended that he was entitled to recover the agreed price of his work as for a full and substantial performance of his part of the contract. The Court of Appeals, very properly holding that plaintiff had not fully and substantially performed, reversed the judgment in favor of the plaintiff.—Turner v. Hartsell, 4 Ala. App. 607, 58 South. 950, where a statement of the case in its then aspect will be found. On the second trial plaintiff, abandoning his contention as to full and substantial performance, sought to…
2Cases cited7 opinions
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Martin v. MassieSupreme Court of Alabama · 1900
- Aarnes v. WindhamSupreme Court of Alabama · 1902
- Thomas v. Ellis & Co.Supreme Court of Alabama · 1842
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3Cited by12 opinions
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- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1920
- Lucas E. Moore Stave Co. v. WoodleySupreme Court of Alabama · 1925
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