Hamaker v. Coons
Supreme Court of Alabama
Appeal from the Circuit Court of Madison’. Tried before the Hon. D. D. Shelby, Special Judge, This action was brought by the appellant against the appellee. The complaint contained three counts.
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Appeal from the Circuit Court of Madison’. Tried before the Hon. D. D. Shelby, Special Judge, This action was brought by the appellant against the appellee. The complaint contained three counts. The second count was as follows : “2. Plaintiff sues to recover of the defendant the sum of one thousand dollars with interest thereon, for the breach of a contract in writing for the sale of land, 'made and entered into by defendant, on the 7th day of September, 1895, w'ith one John j; Davidson in words and figures as follows, to-wit: ‘The State of Alabama, ) T7- , ,, Madison County. [ Know a11 men…
1Opinion of the CourtHaralson, J.
1. The pleas of the defendant, of a want or failure of consideration and fraud in procuring the subscription, and the non-ownership of the cause of action sued on, need not be considered, as the evidence without conflict does not sustain them.
Adopting the view of the counsel on both sides in their arguments on file, and the course the trial took, it is evident the case was tried alone on the second count in the complaint. It was shown, without any conflict in the evidence, the causes of action in the 1st and 3d counts, are identical with that in the second. They all relate to. the same,…
2Cases cited9 opinions
- Snodgrass v. ReynoldsSupreme Court of Alabama · 1885
- Whiteside v. JenningsSupreme Court of Alabama · 1851
- Eads v. MurphySupreme Court of Alabama · 1875
- McGehee v. RumpSupreme Court of Alabama · 1861
- Eckles v. CarterSupreme Court of Alabama · 1855
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