Philip Carey Mfg. Co. v. Southern Const. Co.
Alabama Court of Appeals
Appeal from Jefferson Circuit Court, Heard before Hon. A. O. Lane. Action by the Southern Construction Company against the Philip Carey Manufacturing Company for damages for breach of contract. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court, Heard before Hon. A. O. Lane. Action by the Southern Construction Company against the Philip Carey Manufacturing Company for damages for breach of contract. Judgment for plaintiff, and defendant appeals. The first count is as follows: ' “Plaintiff claims of defendant, a body corporate, the sum of $627.32 as damages, for that on, to wit, the 7th day of October, 1904, plaintiff who was then and there a contractor for the building of houses, purchased from the defendant, which was then and there a corporation engaged in the manufacture of roofs and roofing, a…
1Opinion of the CourtWalker, P. J.
Upon the amendment of the complaint by adding another count, the demurrer which had been interposed to the original complaint was, as stated by the minute entry, “refiled to the complaint as amended.” The.effect of this action was to make the demurrer applicable to the amended complaint as a whole, not to each count separately and severally; and, if either of the counts was not subject to the demurrer on the grounds stated, it could not properly be sustained.
*296Certainly the second count of the complaint as amended was not lacking in the requisite certainty and definiteness in averring’ the…
2Cases cited3 opinions
- Commercial Fire Insurance v. Morris & Co.Supreme Court of Alabama · 1894
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- Odom v. MooreSupreme Court of Alabama · 1906
3Cited by1 opinion
- Knight v. SmithSupreme Court of Alabama · 1947