Keystone Lime Works v. Smitherman

4 Citing cases

  1. Ware v. Woodward Iron Company

    124 So. 2d 84 (Ala. 1960)   Cited 1 times

    B. J. Dryer and Carl G. Moebes, Woodward, for appellee. A collective bargaining agreement is not a contract of employment for a definite period and does not guarantee work, and work under said contract is subject to changes by demotions, layoffs and other contingencies which might prevent the discharged employee from receiving full wages for any specified period of time. City of Anniston v. Douglas, 250 Ala. 367, 34 So.2d 467; Foster Wheeler Corp. v. Zell, 250 Ala. 146, 33 So.2d 255; Zell v. Foster Wheeler Corp., 256 Ala. 367, 54 So.2d 553; Wright v. Falkner, 37 Ala. 274; Wilkinson v. Black, 80 Ala. 329; Fowler v. Armour, 24 Ala. 194; Keystone Lime Works v. Smitherman, 40 Ala. App. 20, 108 So.2d 371; Id., 268 Ala. 698, 108 So.2d 375; Baron v. Kurn, 349 Mo. 1202, 164 S.W.2d 310, 142 A.L.R. 787. SIMPSON, Justice.

  2. Lightsey v. First Natl. Bank of Birmingham

    273 Ala. 416 (Ala. 1962)   Cited 9 times
    In Lightsey v. First National Bank of Birmingham, 273 Ala. 416, 142 So.2d 681, Mr. Justice Merrill summarized the facts in McMullan v. Community Acceptance Corp., 78 Ga. App. 616, 51 S.E.2d 575, involving a repurchase agreement similar to the one in the case at bar.

    50 Am.Jur., Suretyship, § 117. A written contract may be amended, altered or changed by the mutual oral agreement of the parties. 17 C.J.S. Contracts § 373, p. 857; Commercial Credit Co. v. Perkins, 236 Ala. 616, 184 So. 178; Abbeville Live Stock Co. v. Walden, 209 Ala. 315, 96 So. 237; Keystone Lime Works v. Smitherman, 40 Ala. App. 20, 108 So.2d 371. Cabaniss Johnston, Drayton T. Scott and Maxwell Alston, Birmingham, for appellee.

  3. Keystone Lime Works v. Smitherman

    108 So. 2d 375 (Ala. 1959)

    STAKELY, Justice. Petition of Vannie Lee Smitherman for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in Keystone Lime Works v. Smitherman, 108 So.2d 371. Writ denied.

  4. Hodges v. Atkins

    532 So. 2d 651 (Ala. Civ. App. 1988)   Cited 1 times

    Written contracts can be modified by a subsequent oral agreement between the parties. Keystone Lime Works, Inc. v. Smitherman, 40 Ala. App. 20, 108 So.2d 371 (1958). Furthermore, written and oral parts of a contract must be construed together where, as in the present case, the written contract was not intended to reflect the final agreement between the parties.