Alabama Power Co. v. Capps

BOULDIN, Justice.

Suit on common counts to recover a balance alleged’ to be due for electric power furnished to operate a cotton gin during the ginning season of 1930.

Notwithstanding the service was rendered under written contract, after full performance and nothing remains but to fix the amount due under the terms of the contract, recovery may be had on the common counts. Elrod Lumber Co. v. Moore, 186 Ala. 430, 433, 65 So. 175; Navco Hardwood Co. v. Becks, 222 Ala. 631, 633, 134 So. 4.

That the contract was made with a partnership of which defendant was a member, and, as such, personally…