Jersey Ice Cream Co. v. Banner Cone Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Assumpsit by the Banner Cone Company against the Jersey Ice Cream Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Assumpsit by the Banner Cone Company against the Jersey Ice Cream Company. Judgment for plaintiff, and defendant appeals. Appeal transferred from Court of Appeals under Acts 1911, p. 450, § 6. The complaint was originally filed in the nam'e of the “Banner Cone Company, a corporation,” and was afterwards amended by striking out the words, “a corporation,” and substituting therefor the words “B. F. Wood, doing business under the name of Banner Cone Company.” The contract was made November 23, 1917, for a million cones to…
1Opinion of the CourtMcCLELLAN, J.
[1] The appellee sued appellant in assumpsit (common counts) to recover for ice cream cones sold by the appellee to the appellant for installment, periodic deliveries, to be paid for 30 days after date of invoices. The total number of cones to be sold and purchased was fixefi at 1,000,000. The defenses asserted in short by consent were, besides a general traverse, payment, set-off and recoupment. There was no other pleading filed or noted; but the trial proceeded just as if appropriate issues or matters of avoidance had been interposed; and no point or objection appears to have been taken on…
2Cases cited2 opinions
- Greil Bros. v. MabsonSupreme Court of Alabama · 1912
- Burgett v. LoebIndiana Court of Appeals · 1909
3Cited by3 opinions
- McAnelly Hardware Co. v. Bemis Bros. Bag Co.Supreme Court of Alabama · 1922
- Lippman v. Rice Millers' Distributing Co.Supreme Court of Louisiana · 1924
- Shelton v. Tuttle Motor Co.Supreme Court of North Carolina · 1943