Hunnicutt Lumber Co. v. Mobile & Ohio R. R.
Alabama Court of Appeals
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Assumpsit by tbe Hunnieutt Lumber Company against the Mobile & Ohio Railroad Company. Judgment for defendant and plaintiff appeals. The action is on the common counts.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Assumpsit by tbe Hunnieutt Lumber Company against the Mobile & Ohio Railroad Company. Judgment for defendant and plaintiff appeals. The action is on the common counts. Plea 4 is as follows: “The defendant, for further answer to said complaint, saith that the amount upon which this suit is brought is made up of a series of separate and distinct invoices for lumber sold by plaintiff to defendant, and that each of said invoices was, before the commencement of this suit, paid by the defendant and accepted by the plaintiff in full…
1Opinion of the CourtWalker, P. J.
Plea 4 set up, as an accord and satisfaction, that the demand sued on was made up of a series of separate and distinct invoices for lumber sold by the plaintiff to the defendant, and that each of said invoices was, before the commencement of the suit, paid by the defendant, and accepted by the plaintiff in full settlement for said invoice. As the complaint claimed the amounts alleged in the several counts to be due, “with interest thereon,” the purport of the plea was to set up the payment and acceptance of the principal of the account as an accord and satisfaction. The facts alleged…
2Cases cited8 opinions
- Stewart v. BarnesSupreme Court of the United States · 1894
- Stegall v. WrightSupreme Court of Alabama · 1904
- Massey v. SmithSupreme Court of Alabama · 1882
- Wescott v. WallerSupreme Court of Alabama · 1872
- Eufaula National Bank v. PassmoreSupreme Court of Alabama · 1893
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3Cited by10 opinions
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