Central L. & T. Co. v. McClure L. Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the McClure Lumber Company against the Central Lumber & Timber Company in assumpsit on the common counts. Judgment for plaintiff, and defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the McClure Lumber Company against the Central Lumber & Timber Company in assumpsit on the common counts. Judgment for plaintiff, and defendant appeals. Plea 4 is as follows: “The defendant, as a further defense to the action of the plaintiff and to each count thereof pleaded separately and severally, saith that, at the time said action was commenced, the plaintiff was indebted to it in the sum of, to wit, $2,035.85 damages for the breach of a contract or agreement entered into by the plaintiff on, to wit, August…
1Opinion of the CourtMcCLELLAN, J.
Plea 4 purported to be a plea of recoupment. The claim of plaintiff, for a definite sum, is conceded and must have passed into judgment unless the defendant (appellant) sustained the right he would assert in such plea. The court sustained plaintiff’s demurrer to plea 4, as amended July 12, 1911. The report of the appeal will contain a statement of its averments, aside from those .to be quoted. In the thus amended plea this allegation appears: “That is to say, *612said delivery, instead of being by September 15, 1909, was changed so that said lumber was to be delivered to defendant in no event…
2Cases cited4 opinions
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Ryall v. AllenSupreme Court of Alabama · 1904
- Henry v. McNamaraSupreme Court of Alabama · 1896
- Shields v. SheffieldSupreme Court of Alabama · 1885
3Cited by8 opinions
- Phillips v. AshworthSupreme Court of Alabama · 1929
- St. Mary’s Oil Engine Co v. Jackson Ice & Fuel Co.Supreme Court of Alabama · 1931
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- Brunner v. Mobile-Gulfport Lumber Co.Supreme Court of Alabama · 1914
- Kyser v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1932
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