Newell Contracting Co. v. Glenn

Plaintiff (appellee) was unable to follow the Code form for the- common count on an open account, count 1. The count as drawn was defective as specifically pointed out, and defendant’s demurrer should have been sustained. Smythe v. Dothan F. & M. Co., 52 So. 398,166 Ala. 253. But the error complained of in this connection will not be allowed to work a reversal of the judgment, for the reason that the recovery must, under the evidence, be assigned to the count for work and labor done, the second count of the complaint. The second count, and indeed the whole complaint, was defective, for that…