McCormick v. Badham
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. Action by A. H. McCormick against H. L. Badham in assumpsit. Judgment for defendant, and plaintiff appeals. The third, fourth, fifth, sixth, and seventh counts were the common counts.
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Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. Action by A. H. McCormick against H. L. Badham in assumpsit. Judgment for defendant, and plaintiff appeals. The third, fourth, fifth, sixth, and seventh counts were the common counts. The thirteenth count was as follows: The plaintiff further claims of the defendant the sum of $10,000 as damages for a breach of contract, for that whereas on, to wit, the 7th day of July, 1904, the plaintiff and defendant entered into a written contract in words and figures as follows: “State of Alabama, Jefferson County, “This agreement made and…
1Opinion of the CourtThomas, J.
This is the third appeal in this case. The several trials were had before different judges.
On the first appeal the ruling of the trial court was sustained on demurrer to certain counts of the complaint; the written contract, on which the suit was sought to be maintained, was construed, and reversal was had for the giving of the general affirmative charge for defendant. McCormick v. Badham, 191 Ala. 339, 347, 67 South. 609.
The verdict for plaintiff, on the second trial, was set aside on motion for a new trial; and that judgment was affirmed. The Chief Justice declared that, although the seller…
2Cases cited14 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Alabama Fuel & Iron Co. v. RiceSupreme Court of Alabama · 1914
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3Cited by29 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Leith v. StateSupreme Court of Alabama · 1921
- Whitten v. Allstate Ins. Co.Supreme Court of Alabama · 1984
- Nichols v. Seaboard Coastline Ry. Co.Supreme Court of Alabama · 1976
- Christie v. DurdenSupreme Court of Alabama · 1921
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