Schlossburg v. Willingham
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by J. S. Willingham against W. S. Schlossburg in assumpsit and conversion. From a judgment for plaintiff, defendant appeals. The trial was • by the court without the intervention of a jury.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by J. S. Willingham against W. S. Schlossburg in assumpsit and conversion. From a judgment for plaintiff, defendant appeals. The trial was • by the court without the intervention of a jury. The controversy arose over the sale by the plaintiff to the defendant of the lease for five years upon a little storehouse at Brighton,, Ala., together with certain merchandise in the store at an agreed consideration of $350, $25 of which was paid; the balance to be paid when the lease was properly transferred to the defendant. There…
1Opinion of the CourtSamfobd, J.
[1-3] The third count, being in trover, should have averred the time of conversion. Failing in this, was subject to demurrer. Tallassee Falls Manufacturing Co. v. First National Bank, etc., 159 Ala. 315, 49 South. 246; Kilgore & Son v. Shannon & Co., 6 Ala. App. 537, 60 South. 520 But there was no evidence to support a judgment as to the count in trover, and the general finding of the trial court, sitting without a jury, will bo referred to the count supported by the evidence. P. St. A. & G. S. S. Co. v. Brooks, 14 Ala. App. 364, 70 South. 968; Shannon v. Lee, 178 Ala. 463, 60 South. 99. If…
2Cases cited4 opinions
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
- Tallassee Falls Mfg. Co. v. First National BankSupreme Court of Alabama · 1909
- Shannon v. LeeSupreme Court of Alabama · 1912
- Pensacola St. A. & Gulf S. S. Co. v. BrooksAlabama Court of Appeals · 1916
3Cited by3 opinions
- Evans Bros. Const. Co. v. Steiner Bros.Supreme Court of Alabama · 1922
- Milner v. J.H. Lewis SonAlabama Court of Appeals · 1925
- Urquhart v. CooksCourt of Civil Appeals of Alabama · 1999