Penn & Co. v. Smith
Supreme Court of Alabama
Action by Vendor against Purchaser of Goods. Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by Smith, Grainger & Cantrell, suing as partners, against Penn & Co., or Penn & Montgomery, a partnership composed of T. L. Penn and II.
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Action by Vendor against Purchaser of Goods. Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by Smith, Grainger & Cantrell, suing as partners, against Penn & Co., or Penn & Montgomery, a partnership composed of T. L. Penn and II. B. T. Montgomery; and was commenced on the 14th October, 1889. The plaintiffs were manufacturers and wholesale dealers in flour, doing business in Gallatin and Nashville, Tennessee, and the defendants were merchants in Opelika, Alabama. The original complaint contained the common counts on an account, and for…
1Opinion of the CourtStone, C. J.
— We think there is no merit in the motion to reject the amended complaint. Each count is in assumpsit, those in the original complaint counting on a sale and delivery of merchandise, and those in the amended complaint setting up> an agreement of sale, offer of delivery, and refusal by the purchaser to accept and pay. Each count is in contract, each seeks a money recovery, and we know of no rule of pleading which forbids that they should be joined in one and the same action. — 2 Brick. Dig. 332-3, §§ 40, 43, 49, 51. And the demurrer for misjoinder was properly overruled.
Neither did the…
2Cases cited1 opinion
- Gachet v. WarrenSupreme Court of Alabama · 1882
3Cited by10 opinions
- Penn v. SmithSupreme Court of Alabama · 1893
- Penn & Co. v. SmithSupreme Court of Alabama · 1894
- Johnson v. CardenSupreme Court of Alabama · 1914
- Southern States Co. v. LongAlabama Court of Appeals · 1916
- Southern States Co. v. LongAlabama Court of Appeals · 1916
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