Mobile County Gas District v. National Cash Register Co.

EMBRY, Justice.

Appeal from a judgment entered on a jury verdict in favor of plaintiff/appellee, The National Cash Register Company (NCR). Defendant/appellant is Mobile County Gas District, a corporation (Mobile). We reverse and remand.

NCR’s complaint claimed in count one $15,626.75 for breach of contract for failure to pay the balance due on a contract allegedly fully performed by NCR. Count two claimed the same amount due by itemized verified account.

Mobile’s defenses were contained in five separate pleas. Pleas one and two were the general issue. Plea three alleged payment. Plea four was to…