Lucas E. Moore Stave Co. v. Woodley

This case was submitted to the jury on counts 1, 3, and 5, the common counts in Code form No. 10, section 9531 of the Code of 1923. The counts held bad in the case of Kelly v. Burke, 132 Ala. 235, 31 So. 512, are unlike the ones in the instant case. There they merely averred a delivery of the goods or that they were received by the defendant, and averred no promise to pay or facts from which an implied promise arose. The count held bad in Smythe v. Dothan Co., 166 Ala. 253, 52 So. 398, is also unlike the ones in the case at bar. The trial court did not err in overruling the demurrer to the…