Elrod Lumber Co. v. Moore
Supreme Court of Alabama
Appeal from Elrüore Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by J. H. Moore against tbe Elrod Lumber Company. Defended under tbe plea of general issue and recoupment. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Elrüore Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by J. H. Moore against tbe Elrod Lumber Company. Defended under tbe plea of general issue and recoupment. Judgment for plaintiff and defendant appeals. A recovery cannot be bad on tbe common counts on proof of an express contract unless it bas been shown that tbe contract bas been completed, and nothing remains to be done but tbe payment of tbe price in money. — Beadle v. Graham, 66 Ala. 101; Jonas v. King, 81 Ala. 218; Woodrow v. Hmmmig, 105 Ala. 245; Stafford v. Sibley, 106 Ala. 191; Abercrombie 'v. Vandiver, 126…
1Opinion of the Court
de GRAFFENRIED, J. —
This action was on tbe common* counts. There was a plea of tbe general issue and also certain special pleas of recoupment. Tbe pleas in recoupment set-up that tbe cause of action arose upon *432certain express agreements which the plaintiff breached. They alleged that the defendant suffered damages on account of the alleged breach of said agreement by the plaintiff in sums greater than the amount sued for by the plaintiff, and prayed judgment against the plaintiff for the excess.
1. The real bone of contention between the parties was whether the defendant (appellant here) owed…
2Cases cited4 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Abercrombie & Williams v. VandiverSupreme Court of Alabama · 1899
- Hunter v. WaldronSupreme Court of Alabama · 1845
- O'Neal v. CurrySupreme Court of Alabama · 1901
3Cited by6 opinions
- Hendrix v. PiqueSupreme Court of Alabama · 1938
- Navco Hardwood Co. v. BecksSupreme Court of Alabama · 1931
- Alabama Power Co. v. CappsSupreme Court of Alabama · 1933
- Standard Lumber Co. v. HosmerSupreme Court of Alabama · 1932
- Rutherford v. CowlingSupreme Court of Alabama · 1917
1 more not listed; retrieve them via the Exa API.