Myrick v. Wallace
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. John H. Bisque. Assumpsit by E. C. Wallace against G. H. Myrick. Judgment for plaintiff, and defendant appeals. Tlie complaint was in tlie common counts.
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Appeal from Gadsden City Court. Heard before Hon. John H. Bisque. Assumpsit by E. C. Wallace against G. H. Myrick. Judgment for plaintiff, and defendant appeals. Tlie complaint was in tlie common counts. The pleas were as follows: (4) “The defendant says that he does not owe plaintiff anything claimed in said complaint, for the reason that on the 28th day of May, 1909, this defendant sold a certain interest owned by him in a handle factory to one W. F. Cooper for the sum of $2,500; that $500 of said amount was to be paid by said Cooper to- this plaintiff in full settlement of all indebtedness…
1Opinion of the Court
WALKER, P. J. —
It follows from the ruling made when this case was here on a former appeal (Wallace v. Myrick, 1 Ala. App. 572, 55 South. 259) that the court did not err in sustaining the plaintiff’s demurrers to the defendant’s pleas numbered 4, 5, 7, 9, and 10, as the averments of neither of those pleas showed that the plaintiff accepted Cooper’s agreement to pay the de*403fendant’s debt, which is here sued on, in full discharge of the defendant’s liability for that debt.
The bill of sale executed by the defendant to Copper was properly admitted in evidence against the defendant, as it contained…
2Cases cited4 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Troy Fertilizer Co. v. NormanSupreme Court of Alabama · 1894
- Wallace v. MyrickAlabama Court of Appeals · 1911
3Cited by1 opinion
- Mitchell v. McShane Lumber Co.Court of Appeals for the Fifth Circuit · 1915