Birmingham News Co. v. Birmingham Printing Co.

The case was tried helow on the common count “for goods, wares, and merchandise sold defendant by plaintiff,” and plea of the general issue. The subjeeLmatter of the transaction was the making, printing, binding, and delivering an agreed number of copies of a book referred to in the evidence as a “Buyers’ Guide,” and styled on the outside cover: “The Birmingham News 1920-21 Buyers’ Guide of Birmingham, Bessemer & Fnsley, Together With Numerical Telephone Directory.” The plaintiff, Birmingham Printing Company, executed the work • under a contract made by or through A. V. Owen. The real issue…