Clancy Lumber Co. v. Howell

LIVINGSTON, Chief Justice.

Travis Howell and Joe B. Howell', appellees, instituted proceedings against Clancy Lumber Company, Inc., the appellant, in the Circuit Court of Winston County, Alabama. Said action entailed three counts. The first count claimed $1,428 for “work and labor done for- the defendant by the plaintiffs.” Count Two claimed the same amount due “by account on the first day of June, 1949.” The third count claimed the additional sum of $50,000 for the alleged breach of a contract.

Appellant filed a demurrer to the complaint.

Appellees, on the first day of the trial, filed an…