Spurlock v. J. T. Knight & Son

LIVINGSTON, Justice.

As a result of a change in appellate procedure, certain preliminary questions of unusual interest to the bench and bar, and presented by this record, were decided and' reported near the end of the last term, without a decision on the merits of the-case. See 18 So.2d 685 1 and Blair v.. Greene, Ala.Sup., 18 So.2d 688. 2 We now proceed to dispose of the cause on the-merits.

As stated on former appeal, Spurlock v. J. T. Knight & Son, 244 Ala. 364, 13 So.2d 396:

“The one count of' the .complaint claims; damages for the breach of a written contract between the parties.

“To the…