Terry v. Allen Bros.
Supreme Court of Alabama
Appeal from t-lie Circuit Court of Coffee. Tried before the Hon, John P. Hubbard. This action was brought by the appellants, B. L. Terry and T. J. Terry against the appellees, N. N. Allen and YY. P. Allen, partners composing the firm of Allen Brothers; and sought to recover damages for the breach of a contract, alleged to have been entered into by and between, the plaintiffs and the defendants.
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Appeal from t-lie Circuit Court of Coffee. Tried before the Hon, John P. Hubbard. This action was brought by the appellants, B. L. Terry and T. J. Terry against the appellees, N. N. Allen and YY. P. Allen, partners composing the firm of Allen Brothers; and sought to recover damages for the breach of a contract, alleged to have been entered into by and between, the plaintiffs and the defendants. The contract sued upon, as averred in the complaint, is sufficiently stated in the opinion. The complaint as originally filed, was amended by the addition of several counts. There was a motion made by…
1Opinion of the CourtMcCLELLAN, C. J.
— When any ground or assignment of demurrer to a complaint is sustained, the demurrer to that complaint is sustained; and if plaintiff declines to amend, judgment final must be rendered against him. It is of no consequence that the court may in terms overrule one or any pumber less than the whole of the assignments of demurrer1: The sustaining of any assignment is as effectual as the sustaining of the demurrer generally or each and all its assignments expressly.—Watson v. Jones Bros., 121 Ala. 579.
The complaint in each of its counts, except the one last filed by way of amendment, on October…
2Cases cited1 opinion
- Watson v. Jones Bros.Supreme Court of Alabama · 1898
3Cited by17 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Gainesville & Gulf Railroad v. PeckSupreme Court of Florida · 1908
- Choctaw Bank v. DearmonSupreme Court of Alabama · 1931
- Central of Georgia Ry. Co. v. BagleySupreme Court of Alabama · 1911
- Nevada Motor Co. v. BreamNevada Supreme Court · 1928
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