Berlin v. Sheffield Coal, Iron & Steel Co.

• Decision Date: 29 November 1899
• Citation: 124 Ala. 322,26 So. 933
• Parties: BERLIN v. SHEFFIELD COAL, IRON & STEEL CO.
• Court: Alabama Supreme Court

26 So. 933

124 Ala. 322

BERLIN v. SHEFFIELD COAL, IRON & STEEL CO.

Supreme Court of Alabama

November 29, 1899

Appeal from circuit court, Colbert county; Thomas R. Roulhac, Judge.

Action by Hattie M. Berlin, administratrix, against the Sheffield Coal, Iron & Steel Company. From a judgment in favor of defendant, plaintiff appeals. Reversed.

This action was instituted on January 11, 1897, by William H Berlin against the Sheffield Coal, Iron & Steel Company, to recover for work and labor done by the plaintiff, and money advanced by him for the defendant, at its request, and for goods, wares, and merchandise furnished by him for and on account of the defendant. The defendant filed the following pleas: (1) The general issue; (2) payment; (3) set-off; (4) want of consideration; (5) failure of consideration. On April 5, 1897, the death of the plaintiff, William H. Berlin, was suggested, and the cause was revived in the name of Hattie M Berlin, as administratrix of the estate of William H. Berlin deceased; she being appointed administratrix in the state of Pennsylvania. On the trial of the case, it was shown that on March 26, 1895, there was an agreement entered into between the Alabama Iron & Steel Company and the Townsley Coal & Coke Company and W. H. Berlin and Samuel Adams, wherein it was agreed that a corporation should be organized by William H Berlin and Samuel Adams for the purpose of buying the property of the Alabama Iron & Railway Company and the Townsley Coal & Coke Company; that, as the outcome of this the present defendant, the Sheffield Coal, Iron & Steel Company, was organized; and that the account sued on is for expenses incurred by William H. Berlin in the organization of the said Sheffield Coal, Iron & Steel Company. The plaintiff introduced evidence tending to show the expenses of her intestate, and certain sums of money in organizing the defendant corporation, and that said company was indebted to her intestate at the time of his death in the amount sued for. The defendant offered no evidence, but moved the court to enter a nonsuit against the plaintiff, on the ground that the only contract by which the plaintiff's intestate was authorized to render any services or incur any expense for or impose any liability upon, the defendant, was that made with W. H. Berlin and Samuel Adams jointly, and that the obligation therefor, if any, was joint between said Berlin and Adams, and that in this suit said Adams was not a party thereto. The court sustained this motion, and ordered a nonsuit, and to this ruling the plaintiff duly excepted. The plaintiff requested the court to give to the jury the following charges, and separately excepted to the court's refusal to give each of them as asked: (1) "If the jury believe the evidence in this case, their verdict should be for the...