114 Ala. 343 | Ala. | 1896
The written agreement, the breach of which is declared on, was not prepared with skill, but carefully read, and considered as a whole, its meaning seems plain. The uncertainties in it are such as may be rendered certain by averment and proof.
Its substance is, that appellant, Griffin, agreed with appellee, Ogletree, to run a tram-road to or near a field, known as the Henry Wood field, on J. A. McDonald’s place, in Talladega county; Ogletree agreed to cut all of the J. A. McDonald and J. K. Elliott timber and deliver
It is obvious from what has been said, that the contract is valid on its face, and its breach by either party actionable at the suit of the other.
The plaintiff, establishing the breach alleged, would be entitled to recover nominal damages at least, and such substantial damages as he might show he had sustained by reason of the breach. The excess of the contract price of hauling over the actual cost thereof, if any, would constitute substantial damages recoverable under the allegations of the several counts of the complaint.
The complaint was not subject to any of the grounds of demurrer assigned to it, and the court erred in sustaining the demurrer.
Reversed and remanded.