Legal Opinion

Beck v. West & Co.

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 6 opinions

Appeal from the Circuit Court of Escambia. Tried by the Hon. John P. Hubbard. This action was brought by Wilson Beck, against J. W. West & Co., tobacco merchants doing business in Lynchburg, Virginia, to recover damages i'or the breach of a special contract, by which defendants employed plaintiff as a travellingsalesman, from the 1st October, 1887, to the 1st January, 1888; and was commenced on the 2d January, 1888. The contract between the parties was negotiated by letters,…

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Appeal from the Circuit Court of Escambia. Tried by the Hon. John P. Hubbard. This action was brought by Wilson Beck, against J. W. West & Co., tobacco merchants doing business in Lynchburg, Virginia, to recover damages i'or the breach of a special contract, by which defendants employed plaintiff as a travellingsalesman, from the 1st October, 1887, to the 1st January, 1888; and was commenced on the 2d January, 1888. The contract between the parties was negotiated by letters, which were read in evidence on the trial, and which are set out in the former report of the case (87 Ala. 213), where…

1Opinion of the CourtStone, C. J.

This is the second appeal in this case. Beck v. West, 87 Ala. 213. On the return of the case to the Circuit Court, the plaintiff obtained leave to amend his complaint, and filed an amendment, which is set out only in the bill of exceptions. To that amended complaint, however, the bill of exceptions states a demurrer was sustained. The demurrer, and the court’s ruling upon it, are not otherwise shown. Under all our decisions, we are forbidden to consider this ruling.—3 Brick. Dig. 405, § 18; Powell v. State, 89 Ala. 172; 1 Brick. Dig. 78, § 7. The case must, therefore, be decided on the…

2Cases cited2 opinions

  1. Beck v. West & Co.Supreme Court of Alabama · 1888
  2. Powell v. StateSupreme Court of Alabama · 1889

3Cited by6 opinions

  1. Williams v. StateSupreme Court of Alabama · 1906
  2. Wright v. StateSupreme Court of Alabama · 1902
  3. Powell v. Henry & Co.Supreme Court of Alabama · 1892
  4. Nashville, Chattanooga & St. Louis Railway Co. v. HammondSupreme Court of Alabama · 1893
  5. Harris v. HarrisSupreme Court of Alabama · 1924

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