Dixie Industrial Co. v. Atlas Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Action by the Atlas Lumber Company against the Dixie Industrial Company, both being described as corporations. Judgment for plaintiff, and defendant. appeals.
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Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Action by the Atlas Lumber Company against the Dixie Industrial Company, both being described as corporations. Judgment for plaintiff, and defendant. appeals. The following counts are directed and set out: “(16) The plaintiff claims of the defendant the sum of, to wit, fifteen thousand ($15,000.00) dollars for that heretofore, to wit, on the 23d day of October, 1913, the plaintiff and the defendant entered into a contract in writing, a copy of which is hereto attached and marked Exhibit A and made a part of this count; that…
1Opinion
On Application for Rehearing.
MAYFIELD, J.
On application for rehearing I have reached the conclusion that there was no reversible error in overruling defendant’s demurrers to replications A and B to defendant’s plea of non est factum.
These being the rulings on which the judgment was reversed on the original hearing, and the members of the court then being divided four to three, it results that the change of my vote on those rulings changes the result from a reversal to an affirmance. I therefore deem it proper to state briefly the reason which induced me to change my opinion. On a more careful…
2Cases cited4 opinions
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
- Wright v. ForgySupreme Court of Alabama · 1899
- Phillips & Buttorff Manufacturing Co. v. WhitneySupreme Court of Alabama · 1895
- Georgia Casualty Co. v. MasseySupreme Court of Alabama · 1918