Magic City Bottling Co. v. Tolbert

CARR, Judge.

Plaintiff’s cause of action is stated in one count of the complaint:

“Plaintiff claims of defendant $10,000.00 as damages for that heretofore on, to-wit, the 7th day of October, 1947, and for twelve months prior thereto, the defendant was engaged in the business of bottling soft drinks, including, to-wit, Zimba Kola, intended to be distributed to and consumed by the public as such; and plaintiff further avers that on said date he purchased a 'bottle of, to-wit, Zimba Kola from, to wit, The Sloss Sheffield Steel & Iron Company’s commissary, at Maben, Alabama, which said soft drink…