Louisiana Lumber Co. v. J. W. Farrior Lumber Co.
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action on the common count by the Louisiana Lumber Company against the J. W. Farrior Lumber Company. From a judgment for defendant, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action on the common count by the Louisiana Lumber Company against the J. W. Farrior Lumber Company. From a judgment for defendant, plaintiff appeals. The pleas alluded to in the opinion are as follows: "(3) The defendant for further answer to the complaint, and each count thereof, says that heretofore before this suit was commenced, it mailed plaintiff a check for $858.67, which was in full payment of car No. 64502, and that at the time said check was received by plaintiff and cashed, the following appeared on the face…
1Opinion of the Court
THOMAS, J. —
This suit was by the appellant against appellee for $133.16, declaring solely on the common counts in code form, on account, account stated, for goods sold and delivered, etc. To the action the defendant (appellee), in addition to the general issue, filed four special pleas, numbered, respectively, 3, 4, 5, and 6, which the Beporter will set out. Their many defects as answers to the complaint are so apparent from a casual reading of them that we deem it unnecessary to discuss at length the demurrers which pointed out some of these defects, and which, though overruled, should have…
2Cases cited2 opinions
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Scott & Sons v. Rawls & RawlsSupreme Court of Alabama · 1909
3Cited by5 opinions
- Sturdivant v. CrawfordSupreme Court of Alabama · 1940
- Madden v. Deere Credit Services, Inc.Supreme Court of Alabama · 1992
- Bozeman v. J. B. Colt Co.Alabama Court of Appeals · 1923
- American Workmen v. JamesAlabama Court of Appeals · 1915
- Ikard v. ArmstrongAlabama Court of Appeals · 1914