Legal Opinion

McAllister-Coman Co. v. Matthews

Supreme Court of Alabama

Decided April 18, 1907PublishedCited by 4 opinions

Appeal from Lowndes Circuit Court. Heard before Hon. J. C. Bigi-xardson. Action by the McJAllister-Coman Company against Charles J. Matthews and. others. Prom a judgment foi defendants, plaintiff appeals. This is an action for goods sold. The first three counts sufficiently appear in the opinion of the court.

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Appeal from Lowndes Circuit Court. Heard before Hon. J. C. Bigi-xardson. Action by the McJAllister-Coman Company against Charles J. Matthews and. others. Prom a judgment foi defendants, plaintiff appeals. This is an action for goods sold. The first three counts sufficiently appear in the opinion of the court. The fourth count is as follows: “The plaintiff claims of the defendants the further sum of |300, due for goods sold by plaintiff to defendants under the terms of a written order in words and figures as follows: ‘McAllister-Coman Co., Chicago, 111., please ship me at your earliest •…

1Opinion of the Court

SIMPSON^ J.

The original complaint in this case (by appellant against appellees) contained three counts, for account, account stated, and merchandise sold respectively. Count 4 was added by amendment, claiming for goods sold under the special agreement, which is set out in said count (and appeals in the statement of ibis case, omitting the list of goods.)

The first assignment of error insisted on is that the court erred in overruling the demurrer to the third plea, and the first ground on which it is claimed that there was error is that said plea purports to answer the entire complaint, and…

2Cases cited1 opinion

  1. Carmelich v. MimsSupreme Court of Alabama · 1889

3Cited by4 opinions

  1. McAllister-Coman Co. v. MatthewsSupreme Court of Alabama · 1910
  2. American Book Co. v. StateSupreme Court of Alabama · 1927
  3. Sykes v. WoodSupreme Court of Alabama · 1921
  4. National Chemical Co. v. National Aniline & Chem. Co.Alabama Court of Appeals · 1911

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