Perry & Walden v. Gallagher
Alabama Court of Appeals
Appeal from Circuit Court, Walker County; T. L. Sowell, Judge. Assumpsit by J. L. Gallagher against Perry & Walden. Judgment for plaintiff, and defendants appeal.
Read the full summary
Appeal from Circuit Court, Walker County; T. L. Sowell, Judge. Assumpsit by J. L. Gallagher against Perry & Walden. Judgment for plaintiff, and defendants appeal. Count 4 of the complaint is as follows: Plaintiff claims of the defendants tbe further sum of $32;50 for that on, to wit, December 1, 1914, tbe defendants promised to furnish plaintiff with lumber to the value of $32.50, and that one Coleman Gann was indebted to plaintiff in the sum of $32.50, and said defendants stated to plaintiff that they were indebted to Gann and that they would deliver to plaintiff said lumber; and plaintiff,…
1Opinion of the CourtSameord, J.
[1, 2] The fourth count of the complaint* upon which the cause was tried, sets up a novation, and the insistence of appellant is that the complaint is subject to demurrer for the reason that it fails to allege that the defendants were indebted to the original debtor of plaintiff, and whom it is alleged the plaintiff discharged from further liability to him upon the express agreement of defendants to pay plaintiff the amount due, representing to plaintiff at the same time that they (the defendants) were indebted to plaintiff’s original debtor in the amount which they were agreein'g to pay. The…
2Cases cited6 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Hopkins v. JordanSupreme Court of Alabama · 1918
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Perry & Walden v. GallagherSupreme Court of Alabama · 1917
- McLaren v. HutchinsonCalifornia Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Butler v. WaltonAlabama Court of Appeals · 1951
- Butler v. WaltonAlabama Court of Appeals · 1951