Dalton v. Bunn & Allison
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Osceola Kyle. This, was-an actio® -of* assumpi-st brought- by the.-.-ap-rpaLl-ees,-- Bunn- & Allison,■ -a; partnership, .against-; the appellant, A. L. Dalton,. to recover- six hundred - -dollars. The, defendant,, pleaded the-general issue and -the fo-loAving special pleas:' -“1. '-The defendant -alleges-that,upon the 23d day of November,, 1898, through W.L.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Osceola Kyle. This, was-an actio® -of* assumpi-st brought- by the.-.-ap-rpaLl-ees,-- Bunn- & Allison,■ -a; partnership, .against-; the appellant, A. L. Dalton,. to recover- six hundred - -dollars. The, defendant,, pleaded the-general issue and -the fo-loAving special pleas:' -“1. '-The defendant -alleges-that,upon the 23d day of November,, 1898, through W.L. McLendon, his agent, he entered into a contract in writing with Bunn- & Allison for the purchase of certain amounts and varieties of-wood, to-be furnished by-staid Buun &…
1Opinion of the Court
"DOWDELL, J.-A-
This is an action in assumpsit. .'The complaint contains only common counts, — 1st, on open *183account; 2d, on account stated; 3d, for goods, wares, and merchandise sold to the defendant. The defendant pleaded the general issue, and six special pleas. Demurrers were sustained to the special pleas, after which the defendant filed six amended special pleas. Those of the amended special pleas numbered 2, 3, 4, and 5, were stricken on motion of the plaintiffs, and demurrers were sustained to- numbers 1 and 6. These special pleas both as originally filed and as amended attempted to set…
2Cases cited6 opinions
- Alabama Great Southern Railroad v. ClarkSupreme Court of Alabama · 1902
- Brooks v. Continental InsuranceSupreme Court of Alabama · 1899
- Williamson v. Mayer Bros.Supreme Court of Alabama · 1897
- Bland v. PutmanSupreme Court of Alabama · 1902
- Murphy v. FarleySupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
- Tidmore v. MillsAlabama Court of Appeals · 1947
- Huntsville Knitting Mills v. ButnerSupreme Court of Alabama · 1917
- Stephens Lumber Co. v. CatesSupreme Court of Florida · 1911
- A. P. Carrico Son v. J. E. Duval Printing Co.Supreme Court of Alabama · 1929
5 more not listed; retrieve them via the Exa API.