Wikle v. Johnson Laboratories
Supreme Court of Alabama
Appeal from Anniston City Court. Tried before Hon. James W. Lapsley. This Avas an action brought by the Johnson Laboratories agajnst the appellant, J. L. Wilde; and sought to recover an amount due by an account for goods and merchandise sold by the plaintiff to the defendant. The defendant pleaded the general issue and two special pleas. The second plea was as folloAvs; “2d.
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Appeal from Anniston City Court. Tried before Hon. James W. Lapsley. This Avas an action brought by the Johnson Laboratories agajnst the appellant, J. L. Wilde; and sought to recover an amount due by an account for goods and merchandise sold by the plaintiff to the defendant. The defendant pleaded the general issue and two special pleas. The second plea was as folloAvs; “2d. For further plea the defendant says that the goods for which said suit is brought were purchased under a special contract, in which said plaintiff agreed and contracted with defendant that the plaintiff would advertise…
1Opinion of the CourtMcCLELLAN, C. J.
— Defendant's assignments of grounds of demurrer to plaintiff’s replication to pleas 2 and 3 do not specify the objections to said replication, and they were properly overruled ivhether abstractly considered the replication was good or bad.—Code, § 8803; Tranum v. Drum, 112 Ala. 277; Browder v. Irby, 112 Ala. 379; Milligan v. Pollard, 112 Ala. 465, and other cases cited under said section of the Code; Central of Georgia R’y. Co. v. Joseph, 125 Ala. 313; Alabama State Land Co. v. Slaton, 120 Ala. 259; Moore.v. Heineke, 119 Ala. 627; Buchanan v. Larkin, 116 Ala. 431; Shahan v. A. G. S. R. R.…
2Cases cited10 opinions
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Milligan v. PollardSupreme Court of Alabama · 1895
- Shahan v. Alabama Great Southern RailroadSupreme Court of Alabama · 1896
- Kyle v. BellengerSupreme Court of Alabama · 1885
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3Cited by3 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Smith v. LewisSupreme Court of Alabama · 1924
- Creighton v. Air Nitrates CorporationSupreme Court of Alabama · 1922