Wallace v. Myrick
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by E. C. Wallace against G. H. Myrick for work and labor done. Judgment for defendant and plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by E. C. Wallace against G. H. Myrick for work and labor done. Judgment for defendant and plaintiff appeals. The pleas set up that on the 20th day of May, 1908, the defendant sold a certain interest owned by him in a handle factory to one W. F. Cooper for the sum of $2,500; that $500 of said amount was paid by said W. F. Cooper to this plaintiff in full settlement of all indebtedness due by this plaintiff to said defendant; that this plaintiff was present at the time of said sale and when said agreement was made and…
1Opinion of the Court
de GRAFFENRIED, J.
The plaintiff (¡appellant here) brought suit against the defendant for money alleged" to be due for work and labor done for the defendant, at his request, by the plaintiff. • The defendant filed, among others, two pleas stating in substance that the plaintiff should not recover because the plaintiff had released and discharged the defendant from any liability to him on account of the indebtedness sued on, by accepting in full discharge of the defendant’s liability to him an agreement on the part of one W. F. Cooper to pay the said indebtedness. The plaintiff demurred to…
2Cases cited1 opinion
- McWilliams v. PhillipsSupreme Court of Alabama · 1881
3Cited by2 opinions
- Tuscaloosa Lumber Co. v. Tropical Paint & Oil Co.Supreme Court of Alabama · 1924
- Myrick v. WallaceAlabama Court of Appeals · 1912