Ewart Lumber Co. v. American Cement Plaster Co.
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by the American Cement Plaster Company against the Ewart Lumber Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by the American Cement Plaster Company against the Ewart Lumber Company. Judgment for plaintiff, and defendant appeals. Plea 1 is as follows: “That plaintiff is a corporation and is a non-resident of the state of Alabama, and that the plaintiff has no license to do business in the state of Alabama as a foreign corporation, and that the matters and things sued on in said cause took place in the state of Alabama, and that said account sued on accrued in the state of Alabama.” Plea 5 sets up breach of contract and…
1Opinion of the Court
THOMAS, J. —
This was a suit upon the common counts — on an account, account stated, and for goods sold and delivered. There was judgment for plaintiff, and defendant appeals. Only three alleged errors are assigned here, to wit, that of the court in sustaining, respectively, the demurrers to pleas numbered 1 and 5, and that of the court in overruling a motion for a new trial.
There was no error in sustaining the demurrer to plea numbered 1. Foreign corporations have a right to engage in such transactions in this state as involve only interstate commerce without obtaining the permit required…
2Cases cited37 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Engle v. SimmonsSupreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
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3Cited by15 opinions
- Harris v. McPhersonSupreme Court of Connecticut · 1922
- Shepherd v. ClementsSupreme Court of Alabama · 1931
- Central of Georgia Railway Co. v. ChambersSupreme Court of Alabama · 1916
- LOUISVILLE & NASHVILLE RAILROAD COMPANY v. StateSupreme Court of Alabama · 1963
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
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