Legal Opinion

Simpson v. E. C. Payne Lumber Co.

Alabama Court of Appeals

Decided May 20, 1919No. 8 Div. 598Published

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 CourtBrown, P. J.

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 sfet out in ha;c verba in the special counts,-as follows: i

“Mrs. W. H. Simpson. Please pay to ÍJ. C. Payne Lbr. Co., the above amount ($990.92), being the balance due them on material…

2Cases cited10 opinions

  1. Hemingway v. GarthSupreme Court of Alabama · 1874
  2. Maull v. VaughnSupreme Court of Alabama · 1871
  3. Newton v. BrookSupreme Court of Alabama · 1901
  4. Agnew v. Walden & SonSupreme Court of Alabama · 1887
  5. Kansas City, Memphis & Birmingham Railroad v. RobertsonSupreme Court of Alabama · 1895

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