Kitchen & Bro. v. Robinson Bros.
Supreme Court of Alabama
Appeal from the County Court of Cleburne. Tried before the Hon. T. J. Burton. This was an action brought by the appellees against the appellants. The complaint contained two counts. In the first count the plaintiff sought to recover $419.-64, due on a promissory note, executed by the defendants to the plaintiffs, together with attorney’s fees.
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Appeal from the County Court of Cleburne. Tried before the Hon. T. J. Burton. This was an action brought by the appellees against the appellants. The complaint contained two counts. In the first count the plaintiff sought to recover $419.-64, due on a promissory note, executed by the defendants to the plaintiffs, together with attorney’s fees. In the second count, the plaintiffs claimed of the defendants $48.50 as the amount due by the defendants for failure to ship to the plaintiffs 97 bales of cotton under a contract as contained in the note sued upon. The cause was tried by the court -…
1Opinion of the CourtSharpe, J.
The facts found by the trial court sustain the judgment both as to the right of recovery and the waiver of exemptions therein recited. Authorities tending to sustain this conclusion, in so far as it involves the effect of the contract between the parties and the consequences of the breach ascertained by the special finding to have occurred, may he found cited in the brief for appellee. Section 3321 of the Code, under the. construction placed upon it in Chandler & Jones v. Crossland, 126 Ala. 176, and other cases therein referred to, which construction we hold to be correct, leaves this court…
2Cases cited1 opinion
- Chandler & Jones v. CrosslandSupreme Court of Alabama · 1899
3Cited by3 opinions
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
- Hearn v. Louisville & Nashville R. R.Alabama Court of Appeals · 1912
- Dolcito Quarry Co. v. Cruse-Crawford Mfg. Co.Alabama Court of Appeals · 1924