American Sales Book Co. v. Pope & Co.
Alabama Court of Appeals
Assuonpsit. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brbweír. Assumpsit by the American Sales Book Company against S. H. Pope and R. O. Richards, individually, and as partners. Judgment for defendants, and plaintiff appeals. The first count claims for balance due on goods, Avares, and merchandise sold. The second count claims for balance due for certain goods sold, naming them specifically.
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Assuonpsit. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brbweír. Assumpsit by the American Sales Book Company against S. H. Pope and R. O. Richards, individually, and as partners. Judgment for defendants, and plaintiff appeals. The first count claims for balance due on goods, Avares, and merchandise sold. The second count claims for balance due for certain goods sold, naming them specifically. The third count claims on a special contract Avhich is made an exhibit to the complaint, which is in the nature of an order to the plaintiff from the defendant to ship certain goods…
1Opinion of the CourtPelham, J.
The appellee, defendant below, filed pleas numbered from 1 to 9, inclusive, to the plaintiff’s complaint, claiming on account and special contract in its different courts. The plaintiff filed demurrers to pleas 2, 3, 4, 5, 6, 7, 8, and 9, and the judgment entry set out in the record shows that the court sustained demurrers to pleas 2, 5, 6, 8, and 9, “and overruled as to all other pleas.” The judgment entry further shows that the defendant by leave of the court amended pleas 5, 6, 8, and 9 by filing separate paper writing setting out the amendments, and that the plaintiff refiled all…
2Cases cited18 opinions
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Hardeman v. WilliamsSupreme Court of Alabama · 1907
- Jones v. AndersonSupreme Court of Alabama · 1886
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
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3Cited by4 opinions
- Dillworth v. Holmes Furn. & Vehicle Co.Alabama Court of Appeals · 1916
- Dixie Fertilizer Co. v. TeasleyAlabama Court of Appeals · 1915
- Northwestern Rug Mfg. Co. v. Russellville Furniture & Mercantile Co.Alabama Court of Appeals · 1928
- D. C. Sherrell Co. v. Barkin, Levin & Co.Supreme Court of Alabama · 1935