McAnelly Hardware Co. v. Bemis Bros. Bag Co.

This action, instituted by appellee against appellant, was submitted to the jury on issues tendered by counts L. and 2 and defendant’s general traverse of the complaint “with leave ito give in evidence-any matter which if well pleaded would be good as a defense either in bar or abatement” of the action. Without objection the trial proceeded as if appropriate traverses or matters of avoidance had been interposed by plaintiff. Jersey Ice Co. v. Banner Cone Co., 204 Ala. 532, 86 South. 382. Count 1 declared* upon defendant’s breach of a contract to buy of plaintiff, at stipulated prices, 7 bales…