Key v. Goodall Brown & Co.
Alabama Court of Appeals
Assumpsit. Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by Goodall Brown & Co. against J. A. Key. Judgment for plaintiff and defendant appeals.
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Assumpsit. Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by Goodall Brown & Co. against J. A. Key. Judgment for plaintiff and defendant appeals. The verified account was not applicable to two of the counts, and hence, the court erred in admitting it in evidence. — Comer v. Way, 107 Ala. 302; Moore v. Holloway, 138 Ala. 448. The court improperly allowed the amendment.' — Steiner Bros. v. Stewart, 134 Ala. 568. The case of Lewis L. Co. v. Camocly, 137 Ala. 580, ought to be overruled.— 131 Ala. 411; 119 Ala. 563; 89 Ala. 375. The court should have permitted the…
1Opinion of the Court
PELHAM,. J.
Suit was brought by the appellee iu the circuit court to recover for goods sold by it in the due course of business as wholesale merchants of Birmingham, Ala., to the appellant, a retail merchant of America Junction, Walker county, Ala. The complaint contained three counts; the first on account, the second on account stated, and the third for goods, wares, and merchandise sold, etc. Indorsed on the complaint was a statement that an itemized statement of the account sued on would he used in evidence.
The record contains various pleas, demurrers, and replications, and the minute entry…
2Cases cited14 opinions
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Goldstein v. LeakeSupreme Court of Alabama · 1903
- Atlantic Coast Line R. R. v. Dahlberg Brokerage Co.Supreme Court of Alabama · 1910
- Birmingham Railway, Light & Power Co. v. RutledgeSupreme Court of Alabama · 1904
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3Cited by5 opinions
- Halle v. BrooksSupreme Court of Alabama · 1923
- Blue Ridge Electric Membership Corp. v. Grannis Bros.Supreme Court of North Carolina · 1950
- Schellhorn v. WilliamsSupreme Court of Iowa · 1953
- Hodges v. KyleAlabama Court of Appeals · 1913
- Hughes v. HolsclawSupreme Court of Alabama · 1932