Clauss Shear Co. v. Alabama Barber Supply Co.
Alabama Court of Appeals
Appeal from Jefferson circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by the Clauss Shear Company against the Alabama Barber Supply Company. Judgment for defendant and plaintiff appeals.
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Appeal from Jefferson circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by the Clauss Shear Company against the Alabama Barber Supply Company. Judgment for defendant and plaintiff appeals. A plea must answer all it purports to, and when directed to only a part, or when it professes to answer the entire complaint, but only applies to a part, and, by its wording shows it only answers a portion of the complaint, is bad on demurrer. — Foster v. Napier, 73 Ala. 595; Smith v. Dick, 95 Ala. 311; G-albreath v. Cole, 61 Ala. 139. What purports to be a special plea combining the general issue,…
1Per curiam
The action, stated in the common counts, is rested on the alleged sale of goods by the appellant to the appellee. The defendant, in addition to the general issue, interposed plea 4, in which, in substance, it was averred that a large part of the goods or*666dered were to be “shipped by freight immediately” after,to wit, the latter part of August, 1904, but that in disregard to the contract the plaintiff did not ship the goods till, to wit, November 11, 1904, and then by express, instead of by freight, as the contract provided, and that defendant had not received them. Time of shipment was of the…
2Cases cited10 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Filley v. PopeSupreme Court of the United States · 1885
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Tobias v. . LissbergerNew York Court of Appeals · 1887
- Rommel v. WingateMassachusetts Supreme Judicial Court · 1869
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- Sullivan v. GirdArizona Supreme Court · 1921