Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 93) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1892. Excerpt: ... McTighe & Co. v. McLane.] JLsll McTig'he & Co. v. McLaue. Action jor Breach of Contract for Work and Labor. 1. Remedies for breach of contract; former retvrery.--For a breach of contract by the employer in failing to furnish scrapers for use in the construction of a railroad bed, whereby the cost of removing dirt would be lessened, the contractor may treat the contract as ended, and recover damages for the breach; or he may complete the work without the scrapers, and recover its value on a quantum meruit; but, if he recovers on a quantnm mcruit, or on an account stated after the completion of the work, he can not afterwards maintain an action for damages on account of the failure to furnish scrapers. Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. G. A. Robbins, for appellant, cited Freeman on Judgments, 288; Duchess of Kingstonu Case, 2 Smith's L. C. 609 (573); 1 Greenl. Ev. j; 528-9; Chamberlain v. Ga'Mard, 26 Ala. 504; Gilbreath v. Jones, 66 Ala. 129; Mc Call v. Jones, 72 Ala. 3(58; Haas v. Taylor, 80 Ala. 459; Robinson v. Bullock, 66 Ala. 548; Strauss v. Meertief, 64 Ala. 299; Dicks v. Beltsher, 80 Ala. 369. Petws & Pettus, contra, cited S. c& N. Ala. RaiIroad Co. v. Heulein, 56 Ala. 368; Foster v. Napier, 73 Ala. 595; O'Neal v. Brown, 21 Ala. 482; 1 Brick. Digest, 26, 89; 3 Ib. 25, 42-3. COLEMAN, J.--The present suit was brought to recover damages for an alleged breach of contract, the breach consisting in the failure to deliver six scrapers. The defendant pleaded in bar a former recovery. The court gave the general charge for the defendant, and the giving of this charge is the only assignment of error. To sustain his plea, the defendant offered in evidence the entire proceedings of the attachment suit mentioned in t...