Tutwiler v. McCarty & Co.
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before tbe Hon. H. A. Sharpe. This suit was on a contract entered into between J. W. McCarty, of the first part, and E. M. Tutwiler and tbe Tutwiler Coal, Coke & Iron Co. of tbe second part. It was transferred to W. I). McCarty & Co., ivho brought this action alleging tbe breach of tbe contract by tbe defendants who were tbe parties of tbe second part. . It is not necessary to set out tbe contract in full.
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Appeal from tbe City Court of Birmingham. Tried before tbe Hon. H. A. Sharpe. This suit was on a contract entered into between J. W. McCarty, of the first part, and E. M. Tutwiler and tbe Tutwiler Coal, Coke & Iron Co. of tbe second part. It was transferred to W. I). McCarty & Co., ivho brought this action alleging tbe breach of tbe contract by tbe defendants who were tbe parties of tbe second part. . It is not necessary to set out tbe contract in full. It provides among other things that the party of tbe first .part agreed to deliver from tbe land belonging to tbe parties of the second part…
1Opinion of the CourtMcCLELLAN, C. J.
— The 4th plea filed by the defendants is in the form prescribed by the Code for a plea of set-off. If proved, it is, in a sense, a defense to the action to the extent of the amount set up in it, though strictly speaking set-off is not a defense at all, but in the nature of a cross-action: It does not go in denial of the cause of action set up in the complaint or in bar of recovery upon that cause of action, but asserts only tha't the defendant has a just claim against ' the .■ plaintiff which should be accommodated in the judgment'tó be *360rendered, and, m effect, paid out of plaintiff’s…
2Cases cited1 opinion
- Lang v. Waters' AdministratorSupreme Court of Alabama · 1872
3Cited by3 opinions
- Alabama Consolidated Coal & Iron Co. v. TurnerSupreme Court of Alabama · 1906
- Oden-Elliott Lumber Co. v. Butler County BankSupreme Court of Alabama · 1925
- Copeland v. Union Nursery Co.Supreme Court of Alabama · 1914