Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 119 |
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Page 48
... plaintiff from fulfilling the contract on his part , and the jury further believe from the evidence that plaintiff suffered damages as a proximate conse- quence thereof , the jury must find a verdict in favor of plaintiff . ( 7. ) The ...
... plaintiff from fulfilling the contract on his part , and the jury further believe from the evidence that plaintiff suffered damages as a proximate conse- quence thereof , the jury must find a verdict in favor of plaintiff . ( 7. ) The ...
Page 49
... Plaintiff could not recover for expenses incurred by him in getting ready to carry out his contract and also the ... Plaintiff's contract was an entire contract to mine and deliver for the defendants in a certain man- ner , a specified ...
... Plaintiff could not recover for expenses incurred by him in getting ready to carry out his contract and also the ... Plaintiff's contract was an entire contract to mine and deliver for the defendants in a certain man- ner , a specified ...
Page 52
... plaintiff with respect to the manner in which the ore was to be taken from the ground or loaded on the cars , but simply to require him to furn- ish on board the cars ore free from foreign substance , other than such as was contained in ...
... plaintiff with respect to the manner in which the ore was to be taken from the ground or loaded on the cars , but simply to require him to furn- ish on board the cars ore free from foreign substance , other than such as was contained in ...
Page 57
... plaintiff was satisfactory to said furnace company , but we are of the opinion no such inference can reasonably be ... plaintiff to dissatisfaction both as to the percentage of metallic iron in the ore itself and to plaintiff's manner of ...
... plaintiff was satisfactory to said furnace company , but we are of the opinion no such inference can reasonably be ... plaintiff to dissatisfaction both as to the percentage of metallic iron in the ore itself and to plaintiff's manner of ...
Page 59
... plaintiff at the commencement of the suit . Issue was joined upon the plea , and the cause tried by the court ... plaintiff , but whether the note was the property of the plaintiff . The uncontroverted facts are , that the payee of the ...
... plaintiff at the commencement of the suit . Issue was joined upon the plea , and the cause tried by the court ... plaintiff , but whether the note was the property of the plaintiff . The uncontroverted facts are , that the payee of the ...
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Common terms and phrases
action affidavit Affirmed agent Alabama alleged amended appeal appellee Ashurst assignment Attalla authority averments Bank bill bill of lading Birmingham bond cars cause Chancery Court charge choses in action Circuit Court cited claim Code Coghill common carrier Company complainant complainant's contract conveyance conveyed corporation count court of equity creditors damages debt debtor deceased decree deed defendant defendant's demurrer dence dismiss duty Elyton Land Encyc entitled error estoppel evidence execution facts fendant filed fraud fraudulent garnishee ground husband injury insolvent interest issue Jefferson County judgment legal title levy liable lien loan MCCLELLAN ment mortgage motion negligence opinion overruled paid parties partnership payment person Pike county plaintiff plea possession probate question railroad Railway received refused rendered rule statute street sued sufficient suit tending to show testator testatrix testimony thereof tion track undue influence verdict void wife witness
Popular passages
Page 205 - ... hundred dollars, and may also be imprisoned in the County jail or sentenced to hard labor for the County for not more than six months.
Page 134 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 578 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 543 - ... it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any service in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.
Page 742 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Page 474 - ... a quorum to do business ; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each House may provide.
Page 364 - In writing signed by the grantor, or his agent having a written authority, is effectual to transfer the legal title to the grantee, If such was the Intention of the grantor, to be collected from the entire instrument.
Page 69 - ... for its use, or for the use of any of its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof...
Page 444 - ... securely locked in a fireproof safe at night, and at all times when the store mentioned in the within policy is not actually open for business, or in some secure place not exposed to a fire which would destroy the house where such business is carried on...
Page 364 - Where a power to sell real property is given to a mortgagee, or to the grantee in any other conveyance intended to secure the payment of money, the power is deemed a part of the security, and vests in, and may be executed by any person who, by assignment or otherwise, becomes entitled to the money so secured to be paid.