Consolidated Portrait & Frame Co. v. Barnett
Supreme Court of Alabama
Assumpsit. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by the Consolidated Portrait & Frame Company against M. P. Barnett and others. Judgment for defendants, and plaintiff appeals. The letter of credit referred to is in the following language: “Letter of Credit.
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Assumpsit. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by the Consolidated Portrait & Frame Company against M. P. Barnett and others. Judgment for defendants, and plaintiff appeals. The letter of credit referred to is in the following language: “Letter of Credit. Town of Goodwater, State of Alabama, May 28, 1907. Consolidated Portrait & Frame Co.- — Gentlemen-: Should T. W. Adair order goods of you at one or more times within the next twelve months from the date of this letter of credit, we jointly and severally request that you ship said goods to his order,…
1Opinion of the CourtSimpson, J.
— This action is by the appellant against the appellees on the Avritten letter of credit, which will be copied in the statement of the case by the reporter. The complaint merely recites the letter of credit, and does not allege that any goods Avere ever sold on the faith thereof; but the demurrer to the complaist does not seem to have been passed upon by the court, the assignments of error relating only to the overruling of the demurrers to plea 3. Said plea avers that said letter of credit Avas signed Avithout any consideration, and that the same was revoked before any goods Avere sold on…
2Cases cited1 opinion
- Borst v. SimpsonSupreme Court of Alabama · 1890
3Cited by4 opinions
- Baker v. HowisonSupreme Court of Alabama · 1925
- Wright v. Circuit City Stores, Inc.District Court, N.D. Alabama · 2000
- Hughes v. BickleySupreme Court of Alabama · 1921
- Chitwood v. WhiteAlabama Court of Appeals · 1921