Legal Opinion

Armour Fertilizer Works v. Kinney

Supreme Court of Alabama

Decided October 13, 1927No. 6 Div. 695PublishedCited by 3 opinions

1Opinion of the CourtSomerville, J.

All of defendant’s special pleas were in legal .effect but denials of plaintiff’s cause of action, and the material matters alleged therein were admissible under the general issue. Hence there was no harm to plaintiff in the overruling of his demurrers to these pleas. So also as to plaintiff’s special replication. It , sets up nothing not available under the general issue, and its elimination by demurrer was not prejudicial.

The issue to be determined was a simple question of fact — whether plaintiff’s version of the contract of sale, or defendant’s, was the true one — and this issue seems to…

2Cases cited1 opinion

  1. Acklen's v. HickmanSupreme Court of Alabama · 1879

3Cited by3 opinions

  1. Roll v. DockerySupreme Court of Alabama · 1929
  2. Anniston Soil Pipe Co. v. Central Foundry Co.Supreme Court of Alabama · 1963
  3. Jordan v. Rice-Stix Dry Goods Co.Alabama Court of Appeals · 1947

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