Morris v. Fisk Rubber Co.
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action of assumpsit by the Fisk Rubber Company against Lewis J. Monis, et al. From a judgment for plaintiff defendants appeal.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action of assumpsit by the Fisk Rubber Company against Lewis J. Monis, et al. From a judgment for plaintiff defendants appeal. The pleas were tlie general issue and payment, and plea No. 8, which was as follows: “The consideration of the account sued on was the promise of plaintiff to reslioe five automobile tires; and defendant avers that there was a failure of consideration of the account sued on, in this: that the plaintiff did not reshoe the said five automobile tires as it promised to do, but failed to reshoe the…
1Opinion of the CourtDowdell, J.
The assignments of error numbeied from 1 to 4, inclusive, relate to rulings of the court on the pleadings. These assignments are not insisted on in argument, and we therefore pass them by without consideration.
Issue was joined on the first, second, third, eighth and ninth pleas. The first and second were the geneial issue, and the third payment. The eighth plea set up a contract and breach thereof by the plaintiff, and prayed that the damages resulting from said breach he applied in reduction of plaintiff’s claim. The ninth plea set up a contract and a warranty, and breach thereof by…
2Cases cited1 opinion
- Murphy v. St. Louis Coffin Co.Supreme Court of Alabama · 1907
3Cited by1 opinion
- Madison County v. GwathneySupreme Court of Alabama · 1925