Trammell v. Chambers County

Citation9 So. 815,93 Ala. 388
PartiesTRAMMELL ET AL. v. CHAMBERS COUNTY.
Decision Date25 June 1891
CourtAlabama Supreme Court

Appeal from circuit, Chambers county; E. M. OLIVER, Judge.

Action for breach of contract by Chambers county against R. J Trammell and others. Judgment for plaintiff. Defendants appeal. Affirmed.

J M. Chilton and N. D. Denson, for appellants.

W J. Samford, for appellee.

COLEMAN J.

This case comes up on the record to have reviewed certain rulings of the trial court upon the demurrer of defendants to the complaint, and the demurrer of plaintiff to special pleas of the defendants. There are about 30 assignments of error, but they are easily classified. The suit was brought by Chambers county to recover damages for the breach of a written contract made with the defendants for the hire of county convicts of Chambers county. The contract was made on the 26th day of December, 1885, was to take effect on the 1st day of January, 1886, and terminate on the 1st day of January 1889.

The first ground of demurrer is that the complaint fails to aver that plaintiff is a corporation. This court has judicial knowledge of the corporate character and names of the counties of the state. Overton v. State, 60 Ala. 73; Code, § 886; Camp v. Marion Co., (Ala.) 8 South. Rep. 786.

The second class are those which where directed against the failure of the complaint to state the names of the different convicts, the date of conviction, term and expiration of sentence, and for what county they were sentenced. It is enough to say, without considering each ground of demurrer under this head, that the fifth count of the complaint was so amended as to cure all defects, if there were any, and which is not decided, raised, or suggested by the demurrer to this count.

The third class are those which assert the proposition that the complaint must aver, not only a breach, but further show wherein and how damage resulted to plaintiff from a breach of the contract. Every breach assigned is based upon some covenant contained in the written contract. Whenever there is an unwarranted breach of contract, some damages are recoverable, at least nominal damages; and it is well settled, if anything is recoverable, the way to test the extent of the recovery is not by demurrer. The amount of the recovery is controlled and restricted by the exclusion of improper evidence, and by charges to the jury. Daughtery v. Telegraph Co., 75 Ala. 171. The rule declared in the foregoing authority is based upon sound principles of law and of pleading, and disposes of very many of the grounds of demurrer.

This brings us to the consideration of the fourth and last class. The complaint avers that the contract was executed on the 26th day of December, 1885, and was to continue in force until the 1st day of January, 1889. The statute under which the contract was made has the following provision: "Sec 37. Be it further enacted that no contract shall be made previous to the first day of March, 1887, to continue longer than the first day of January, 1888." The statute clearly authorized the making of a contract for the hire of convicts as agricultural laborers. The validity of the...

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6 cases
  • Miller v. Woodard
    • United States
    • Alabama Supreme Court
    • April 13, 1922
    ... ... Appeal ... from Circuit Court, Winston County; T. L. Sowell, Judge ... Bill by ... William M. Miller and another against H. G ... 39, L. R. A ... 1918F, 667; Robertson v. Hayes, 83 Ala. 290, 3 So ... 670; Trammel v. Chambers Co., 93 Ala. 388, 9 So ... 815; Weller v. City of Gadsden, 141 Ala. 642, 37 So ... 682, 3 Ann ... ...
  • Mobile Electric Co. v. City of Mobile
    • United States
    • Alabama Supreme Court
    • May 9, 1918
    ...which will be separated from the valid period and declared unenforceable. Robertson v. Hayes, 83 Ala. 290, 3 So. 674; Trammell v. Chambers County, 93 Ala. 388, 9 So. 815; Weller v. City of Gadsden, 141 Ala. 642, 37 So. 3 Ann.Cas. 981. In the Robertson Case, supra, the court dealt with a lea......
  • Gabbert v. Chicago, Rock Island & Pacific Railway Company
    • United States
    • Missouri Supreme Court
    • December 24, 1902
    ... ... v. Bronson, 115 Mo. 271; ... Lynch v. Murphy, 159 Mo. 163; State ex rel. v ... County Court, 128 Mo. 427; State ex rel. v ... Miller, 100 Mo. 439. (5) Courts will not declare ... Morrison v ... Railroad, 96 Mo. 602; State v. Chambers, 70 Mo ... 625; State v. Thurston, 92 Mo. 327 ...          Boyle, ... Priest & ... ...
  • Fitzgerald v. Walker
    • United States
    • Arkansas Supreme Court
    • November 21, 1891
    ... ... commissioners and of the company; that the county of Pulaski ... pays for similar work at the rate of about $ 4000 per mile, ... which is its ... only as to the excess." The case of Trammell v ... Chambers County , 9 So. 815, was an action by the ... county for the breach of a ... ...
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