Burkham Bros. v. Spiers
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by W. H. Spiers, against Burk-ham Brothers and Pierce, Morrison & Co., and was commenced on the 23d September, 1873. The action was discontinued as to Pierce, Morrison & Co., who were not served with process; and the complaint was amended, by leave of the court, by striking out their names.
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by W. H. Spiers, against Burk-ham Brothers and Pierce, Morrison & Co., and was commenced on the 23d September, 1873. The action was discontinued as to Pierce, Morrison & Co., who were not served with process; and the complaint was amended, by leave of the court, by striking out their names. The complaint was in these -words : “ The plaintiff claims of the defendants three hundred dollars, due by an account on the 1st day of August, 1873, on an account stated between plaintiff and defendants…
1Opinion of the Court
BBIOKELL, 0. J.
The complaint contains two counts, and, as amended, under our system of pleading, averred only an account stated between the plaintiff and the defendants, and that the plaintiff had done work and labor for the defendants, for which he was entitled to recover the value of his services. A radical error, pervading the instructions of the court, is, that the action was treated as if founded on a special contract between plaintiff and Pierce, Morrison & Go., which was subsequently adopted by the defendants, and violated by them. The counts of the complaint are only the common counts…
2Cited by6 opinions
- Navco Hardwood Co. v. BassSupreme Court of Alabama · 1925
- Martin v. MassieSupreme Court of Alabama · 1900
- Jonas v. KingSupreme Court of Alabama · 1886
- Republic Steel Corporation v. GilbertAlabama Court of Appeals · 1955
- Hedden v. WefelAlabama Court of Appeals · 1915
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