Thomas, May & Co. v. Drennen
Supreme Court of Alabama
Appeal from tlie Circuit Cours of Jefferson. Tried before the Hon. James J. Banks. On July 10, 1894, H. M. Drennen, the appellee, instituted a suit against the appellants, O. E. Thomas and L. A. May, as late partners in business under the firm name of Thomas, May & Co.,to recover the sum of $2,916.70, with interest thereon, for the rent of a storehouse in the city of Birmingham.
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Appeal from tlie Circuit Cours of Jefferson. Tried before the Hon. James J. Banks. On July 10, 1894, H. M. Drennen, the appellee, instituted a suit against the appellants, O. E. Thomas and L. A. May, as late partners in business under the firm name of Thomas, May & Co.,to recover the sum of $2,916.70, with interest thereon, for the rent of a storehouse in the city of Birmingham. It is alleged in the complaint, that in the yeas 1889, plaintiff made a contract with defendants verbally, by the terms of which he leased said property to defendants for the 'term of five years, which term of years,…
1Opinion of the CourtHead, J.
Conceding that defendant’s plea number 2 properly set up matter of special defense, it is clear, under the circumstances, that the ruling of the court sustaining the demurrer to it, did the defendants no harm. 'There were grounds of demurrer testing the sufficiency of the plea as a defense to the action followed by the last ground assigned, which was that, “defendants can have all the benefits of said plea under the general issue.” The court sustained the demurrer expressly on this ground. The general issue was interposed, and the record affirmatively shows that defendants, under it, were…
2Cases cited2 opinions
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Phillips & Buttorff Manufacturing Co. v. WhitneySupreme Court of Alabama · 1895
3Cited by2 opinions
- Wyatt v. AdairSupreme Court of Alabama · 1926
- Birmingham Railway, Light & Power Co. v. HunnicuttAlabama Court of Appeals · 1911