McCaskey Register Co. v. Nix Drug Co.
Alabama Court of Appeals
A'ssimpsit. Appeal from Houston Circuit Court. Heard before Hon: H. A. Pearce. Assumpsit by the McCaskey Register Company against the Nix Drug Company. Judgment for defendant and plaintiff appeals. Parol evidence was not admissible to vary the terms of the contract. — Town of Brewton v. Glass, 116 Ala. 633; Barnard Mfg.
Read the full summary
A'ssimpsit. Appeal from Houston Circuit Court. Heard before Hon: H. A. Pearce. Assumpsit by the McCaskey Register Company against the Nix Drug Company. Judgment for defendant and plaintiff appeals. Parol evidence was not admissible to vary the terms of the contract. — Town of Brewton v. Glass, 116 Ala. 633; Barnard Mfg. Go. v. Citronelle M. Co., 148 Ala. 666; 17 A. & E. Enc. of Law, 443.' Before secondary evidence becomes admissible as to the contents of a document, notice to produce it is necessary if it is actually or presumptively in the possession of the adverse party. — Mooney v. Hough,…
1Opinion of the Court
PEE CUEIAM.
There were two counts to the complaint. The first count declared upon a promissory note, payable in monthly installments of $15.12 each. The second count declared upon a special contract whereby the Nix Drug Company, the defendant in the court below (appellee here), ordered a certain register from the plaintiff in the court below (appellant here), and agreed to pay for the same in installments. The bill of exceptions discloses that the case was tried upon the “plea of the general issue, with leave to give in evidence any matter that might be specially pleaded.” That plea enabled…
2Cases cited7 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Brent v. BaldwinSupreme Court of Alabama · 1909
- Dowling v. StateSupreme Court of Alabama · 1907
- Aetna Life Insurance v. LasseterSupreme Court of Alabama · 1907
- Birmingham Ry. L. & P. Co. v. TaylorSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Walling v. StateAlabama Court of Appeals · 1916
- East Pratt Coal Co. v. JonesAlabama Court of Appeals · 1917
- Page v. Haas Bros. Packing Co.Alabama Court of Appeals · 1913