Legal Opinion

Scales & Co. v. Mount & Co.

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 4 opinions

Action on Common Counts. Appeal from the Circuit Court of Crenshaw. Tried before the Hon. John P. Hubbard.

1Opinion of the CourtClopton, J.

— It is admitted that defendants were indebted, October 29, 1889, to plaintiffs in the sum of $178.95, by account for goods sold and delivered; and that on that •day they paid Tatum, plaintiff’s travelling salesman, $145, for which he gave a receipt, reading as follows : “Received from •J. B. Mount & Co. $145.00, on said indebtedness of Henry P. Scales & Go., October 29, 1889.” The disputed question of fact was, whether this sum was paid by defendants, and accepted by Tatum, in full satisfaction and discharge of the entire demand. Parol evidence was introduced by both parties to show the…

2Cases cited1 opinion

  1. Hall Safe & Lock Co. v. HarwellSupreme Court of Alabama · 1889

3Cited by4 opinions

  1. Coston-Riles Lumber Co. v. Alabama MacHinery & Supply Co.Supreme Court of Alabama · 1923
  2. Patterson v. Page Aircraft Maintenance, Inc.Court of Civil Appeals of Alabama · 1973
  3. Terrell v. KaySupreme Court of Alabama · 1937
  4. Tom Huston Peanut Co. v. BlackSupreme Court of Alabama · 1930

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