Alabama Lumber Co. v. Cross
Supreme Court of Alabama
Assumpsit. Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by Z. Cross against the Alabama Lumber Company for the price of lumber sold and delivered, the action being in the common count. There was judgment for plaintiff and defendant appeals.
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Assumpsit. Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by Z. Cross against the Alabama Lumber Company for the price of lumber sold and delivered, the action being in the common count. There was judgment for plaintiff and defendant appeals. The fact that the statements were admitted did not cure the error in the admission of the books of the account without the proper preliminary proof as the contention of the parties were that the statements were wrong from the beginning. — Hart v. Kenclall, 82 Ala. 144; Lane v. May Thomas Edio. Co., 121 Ala. 296. Counsel…
1Opinion of the CourtDenson, J.
Assumpsit to recover on an account for lumber sold and delivered by plaintiff to the defendr ant. It does not appear from the evidence of the witness Benton that the items reported to him by the teamsters were original entries. Neither did it appear, at the time the book was offered as evidence, that the witness Benton knew that the entries were correct at the time they were made. In this state of the evidence the court erred in admitting the hook in evidence. — Bolling v. Fannin, 97 Ala. 621, 12 South. 59; Lane v. May & Thomas Hardware Co.,. 121 Ala. 296, 25 South. 809; Baird Lumber Co. v.…
2Cases cited8 opinions
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Bolling v. FanninSupreme Court of Alabama · 1892
- Oliver v. HerronSupreme Court of Alabama · 1894
- Hirschfelder v. Levy & Co.Supreme Court of Alabama · 1881
- Sowell v. Bank of BrewtonSupreme Court of Alabama · 1898
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3Cited by11 opinions
- Alabama Power Co. v. HendersonSupreme Court of Alabama · 1976
- Southern Electric Generating Co. v. LeibacherSupreme Court of Alabama · 1959
- Diamond v. StateSupreme Court of Alabama · 1929
- New York Life Ins. Co. v. TurnerSupreme Court of Alabama · 1923
- Conference America v. Telecom. Co-OpSupreme Court of Alabama · 2004
6 more not listed; retrieve them via the Exa API.