Cooper v. Johnston

LIVINGSTON, Chief Justice.

A. R. Johnston filed suit in the Circuit Court of Madison County, Alabama, against Ivan J. Cooper and his wife, Elizabeth Ann Cooper, to recover a sum of money for the construction by A. R. Johnston of a warehouse or structure for Cooper and his wife at a cost of more than $20,000. The contract for the construction of the warehouse or structure was in writing.

The complaint originally filed contained three common counts; namely, (1) suit on account, (2) for merchandise, goods and chattels sold, and (3) for work and labor done, each in the sum of $45,000. Later, count…