Lide v. Birmingham Electric Battery Co.

The complaint was in two counts. (1) On account. (2) For goods, etc., sold and delivered. By a series of pleas and demurrers We come to consider plea 5 and the ruling of the court in sustaining demurrer to this plea, which is as follows:

“Fifth. For further answer to the plaintiff’s complaint, defendant says that in February, 1924, he entered into a contract with the plaintiff, whereby plaintiff agreed with the defendant that if the defendant would handle and sell the automobilfe batteries which the plaintiff was wholesaling in this territory, plaintiff would guarantee to him that he would…