Beitman v. Birmingham Paint & Glass Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Assumpsit by the Birmingham Paint & Glass Company against Mrs. Lula Beitman and another, as to whom the case was discontinued at the trial. Judgment for plaintiff, and defendant named appeals. The facts sufficiently appear from the opinion.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Assumpsit by the Birmingham Paint & Glass Company against Mrs. Lula Beitman and another, as to whom the case was discontinued at the trial. Judgment for plaintiff, and defendant named appeals. The facts sufficiently appear from the opinion. The following are the charges referred to, as given at plaintiff’s request: “(1) I charge you that, if you believe from the evidence that Mr. Beitman, acting for the defendant, agreed with plaintiff that they would furnish the material which is the basis for this suit, he would pay for…
1Opinion of the CourtSayre, J.
Omitting any statement of other counts, which, on various considerations, were eliminated during the progress of the trial, plaintiff (appellee) sought in the beginning to recover on the common counts for the price of certain building materials, sash, doors, and hardware, furnished on the joint credit and account of defendant (appellant) and one Hands. When plaintiff had .placed its entire evidence before the jury; it very clearly appeared that the materials had not been furnished on the joint account of defendant and Harris, but that they had been furnished on the sole credit of one or the…
2Cases cited8 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- McGuff v. StateSupreme Court of Alabama · 1889
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- City of Montgomery v. WycheSupreme Court of Alabama · 1910
- Jones v. EngelhardtSupreme Court of Alabama · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jones v. BellSupreme Court of Alabama · 1917
- I. Epstein & Brother v. First National BankSupreme Court of Florida · 1926
- Plunkett v. DendySupreme Court of Alabama · 1916
- Crawford v. MillsSupreme Court of Alabama · 1918
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
7 more not listed; retrieve them via the Exa API.