Anderson v. English & Webb
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. J. K. English and M. F. Webb, suing as partners, commenced an action in the justice court which was afterwards taken to the city court, against George L, Anderson, and G. L. Anderson & Co., limited. The suit was to recover the value of certain lumber, alleged to have been sold by plaintiffs to defendants, under a contract wbicb was changed by the parties after it Avas made.
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Appeal from tlie City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. J. K. English and M. F. Webb, suing as partners, commenced an action in the justice court which was afterwards taken to the city court, against George L, Anderson, and G. L. Anderson & Co., limited. The suit was to recover the value of certain lumber, alleged to have been sold by plaintiffs to defendants, under a contract wbicb was changed by the parties after it Avas made. There was a dispute as to the terms of the contract — two witnesses on each side testifying to the version of the respective parties. There…
1Opinion of the CourtTyson, J.
— The trial judge did not permit the memorandum made by one of the plaintiffs from the original entries to be introduced in evidence. He only permitted each of the plaintiffs, who testified as Avitnesses, to use this memorandum in refreshing their recollections of the quantity of lumber claimed by them to have been delivered to the defendants, . Each of them testified that they were present when all the lumber claimed to have been delivered was hauled and each had a personal supervision of “each load” delivered. That the original entries shoAving the quantity of lumber in feet was entered at…
2Cases cited9 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Calloway v. VarnnerSupreme Court of Alabama · 1884
- Snedicor v. LeachmanSupreme Court of Alabama · 1846
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Martin v. MassieSupreme Court of Alabama · 1900
- Southern Ry. Co. v. SherrillSupreme Court of Alabama · 1936
- Alabama Midland Railway Co. v. JohnsonSupreme Court of Alabama · 1898
- Birmingham Ry. L. & P. Co. v. DennisonSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.