Bullard Car Door Equipment Co. v. Oak Leaf Coal Co.
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. G. C. Nesmith. Action by the Oak Leaf Coal Company against the Bullard Car Door Equipment Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. G. C. Nesmith. Action by the Oak Leaf Coal Company against the Bullard Car Door Equipment Company. From a judgment for plaintiff, defendant appeals. Tbe fifth plea was as follows: “Defendant claims of the plaintiff $500 for goods, wares, and merchandise sold by defendant to plaintiff before the commencement of this suit; the same being sold heretofore, to wit, in September and November, 1910, and in May, 1911, which sum of money was at the commencement of this suit, with interest thereon, due and unpaid, and still is due and unpaid, and…
1Opinion of the CourtPelham, J.
— Plea No. 4 is so drafted by the pleader that it can be contended with some plausibility that, *644taking its averments most strongly against the pleader, it fails to aver that the account set up as a set-off .to the plaintiff’s claim was a subsisting indebtedness between the parties in that it fails to directly aver in so many words that the account was due from the plaintiff to the defendant, and it might, for anything alleged in the plea, be an account due from the plaintiff to some third party. — Jones v. Blair, 57 Ala. 457. The allegations of the fifth plea, however, are not subject to this…
2Cases cited4 opinions
- St. Louis & Tennessee River Packet Co. v. McPetersSupreme Court of Alabama · 1899
- Lawton v. RickettsSupreme Court of Alabama · 1893
- Jones v. BlairSupreme Court of Alabama · 1876
- Light v. HendersonSupreme Court of Alabama · 1909