Maury v. Unruh

This appeal is by the plaintiff for a judgment of nonsuit, superinduced by the several orders of the trial court sustaining the defendant’s demurrers to the several counts of the complaint, and is authorized by section 6431 of the Code. Herrmann v. Mobile County, 202 Ala. 274, 80 So. 112.

Count 1 as last amended, and counts 2, 3, 4, and 6, are special counts partaking of the nature of indebitatus assumpsit, to recover one-third of the purchase money for an interest in lands. The basis of these counts is a contract in writing whereby J. E. Hammel covenanted to sell and defendant to purchase…