Dalton v. Bunn & Allison
Supreme Court of Alabama
Assumpsit. Appeal from Madison Circuit Court. Heard before Hou. Paul Speaks. This was an action on the common counts begun by appellee against appellant. The 7th, 8th, 9th pleas set up a contract in writing between the parties for the purchase of wood calling for ten or twelve cars of four foot wood a week, ash, oak, hickory, mulberry, at $1.50 per cord, cars Crow Creek or "Stevenson which it is agreed shall be paid for every Saturday until the 20th of January.
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Assumpsit. Appeal from Madison Circuit Court. Heard before Hou. Paul Speaks. This was an action on the common counts begun by appellee against appellant. The 7th, 8th, 9th pleas set up a contract in writing between the parties for the purchase of wood calling for ten or twelve cars of four foot wood a week, ash, oak, hickory, mulberry, at $1.50 per cord, cars Crow Creek or "Stevenson which it is agreed shall be paid for every Saturday until the 20th of January. Defendant alleges that at the time of entering into the agreement, he had entered into a contract with the government of the United…
1Opinion of the CourtDowdell, J.
Since the remandment of this canse on the former appeal — Dalton v. Bunn & Allison, 137 Ala. 175, the defendant has filed additional special pleas as shown by the record, numbered 7, 8, 9, 10 and 11. These pleas profess on their face and are so intended to he, pleas of recoupment. Demurrers were interposed to each of said pleas, and were by the court sustained as to all of them except the 11th plea. This action of the court constitutes the basis of assignments of error numbered two, three, four and five. The first assignment of error on the record relates to the ruling of the court on…
2Cases cited2 opinions
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Dalton v. Bunn & AllisonSupreme Court of Alabama · 1902
3Cited by3 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- T. L. Farrow Mercantile Co. v. RigginsAlabama Court of Appeals · 1916
- Lehman v. AustinSupreme Court of Alabama · 1915