Legal Opinion

Elliott v. Howison

Supreme Court of Alabama

Decided April 28, 1906PublishedCited by 50 opinions

Appeal from Mobile Circuit Court. Heard before Hon. W. S. Anderson. Action by Allen P. Howison against J. D. Elliott. The complaint, in this cause was in the following language: “(1) Plaintiff, claims of the defendant $1,200 due from him by account on the 1st day of September, 1900. (2) Plaiiitiff claims of the defendant the further sum of $1,200 for merchandise, goods, and chattels sold by plaintiff to defendant on, to-wit, the 1st da}r of September, 1900, which sums of…

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Appeal from Mobile Circuit Court. Heard before Hon. W. S. Anderson. Action by Allen P. Howison against J. D. Elliott. The complaint, in this cause was in the following language: “(1) Plaintiff, claims of the defendant $1,200 due from him by account on the 1st day of September, 1900. (2) Plaiiitiff claims of the defendant the further sum of $1,200 for merchandise, goods, and chattels sold by plaintiff to defendant on, to-wit, the 1st da}r of September, 1900, which sums of money, with interest thereon, are still due and unpaid. (3) Plaintiff claims of the defendant the further sum of $1,200 for…

1Opinion of the CourtDenson, J.

Action of assumpsit by Allen P. Howison against J. D. Elliott. There are five counts in the complaint. The first is based upon an account due on the 1st of September, 1900; the second is the common count for merchandise, goods, and chattels alleged as having been sold by the plaintiff" to the defendant on, to-wit, the 1st day of September, 1900; while the third, fourth, and fifth counts each claim damages for the breach of a sale contract alleged to have been entered into on the 13th day of August, 1900, between plaintiff and defendant. In the fifth count it appears that the contract was in…

2Cases cited41 opinions

  1. White v. . MillerNew York Court of Appeals · 1877
  2. Pope v. AllisSupreme Court of the United States · 1885
  3. Pierson v. . CrooksNew York Court of Appeals · 1889
  4. McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
  5. Vogt v. SchienebeckWisconsin Supreme Court · 1904

36 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Moore v. WilliamsonSupreme Court of Alabama · 1925
  2. J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
  3. Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
  4. Lowy v. RosengrantSupreme Court of Alabama · 1916
  5. R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910

45 more not listed; retrieve them via the Exa API.

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