I. O. Drewrey Contracting Co. v. Ramsey

This case was tried on amended count A being for a breach of a special contract, and count 5, the common count.

It is sufficient to say that the trial court did not commit reversible error in sustaining the demurrer to the defendant’s special pleas to the common count 5, as the defense there involved was provable under the general issue. Montgomery County v. Pruett, 175 Ala. 391, 57 So. 823.

As to the special pleas 10 and 11 to the special count A, they each set up a breach or failure of the plaintiffs to perform particular material parts of the contract. In view of the fact that the count has…