Birmingham Motor Co. v. Norwood Transp. Co.
Alabama Court of Appeals
Appeal from City Court of Birmingham; C. B. Smith, Judge. Action of assumpsit by the Birmingham Motor Company against the Norwood Transportation Company, a corporation. From judgment for defendant, plaintiff appeals. The action was upon the common count.
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Appeal from City Court of Birmingham; C. B. Smith, Judge. Action of assumpsit by the Birmingham Motor Company against the Norwood Transportation Company, a corporation. From judgment for defendant, plaintiff appeals. The action was upon the common count. The third plea is as follows: Now comes the Norwood Transportation Company, the defendant in the above-entitled cause, and for further answer to the complaint, and each count thereof separately and severally, says that the goods, merchandise, chattels, or work and labor for which this suit is brought was furnished by plaintiff to defendant…
1Opinion of the CourtBrown, P. J.
[1] The clerk in transcribing the fourth plea in the record failed to incorporate the copy of the contract attached as a part of the plea, and, with this omitted, we are not able to intelligently review the ruling of the court on the demurrers to this plea. The third plea was not subject to the grounds of demurrer assigned. The evidence tends to show that the agreement referred to in defendant’s special pleas becomes an asset of the appellee from the date of its organization, the appellee having been organized by persons interested in the Birmingham Realty Company, and the opinion prevails…
2Cases cited1 opinion
- Evans v. SandersSupreme Court of Alabama · 1839
3Cited by3 opinions
- King v. Capitol Amusement Co.Supreme Court of Alabama · 1930
- B. H. Tureen Hotels, Inc. v. Nachman & Co.Supreme Court of Missouri · 1958
- Bastine v. Atlantic Coast Line R. CoCourt of Appeals for the Fifth Circuit · 1953