Legal Opinion
Simpson v. E. C. Payne Lumber Co.
Alabama Court of Appeals
Decided May 20, 1919No. 8 Div. 598PublishedCited by 2 opinions
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by the E. C. Payne Lumber Company against Mary D. Simpson. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
The subject-matter of this suit is material furnished by the appellee which was used in the construction of a residence by R.G. Ross under a contract between Ross and W.H. Simpson, now deceased, and the action is against appellee, the widow of Simpson. The complaint consists of the common counts and special counts declaring on a written order drawn by Ross in favor of the plaintiff on the defendant, which is set out in hæc verba in the special counts, as follows:
"Mrs. W.H. Simpson. Please pay to E.C. Payne Lbr. Co., the above amount ($990.92), being the balance due them on material furnished…
2Cases cited11 opinions
- Hemingway v. GarthSupreme Court of Alabama · 1874
- Maull v. VaughnSupreme Court of Alabama · 1871
- Newton v. BrookSupreme Court of Alabama · 1901
- Agnew v. Walden & SonSupreme Court of Alabama · 1887
- Kansas City, Memphis & Birmingham Railroad v. RobertsonSupreme Court of Alabama · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ex Parte E. C. Payne Lumber Co.Supreme Court of Alabama · 1920
- Schroeder v. StateAlabama Court of Appeals · 1919