Watson v. Kirby & Sons
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. Thomas R. Roulhac. This was an action of assumpsit, brought by the appellant, C. L. Watson, against William Kirby, Albert Kirby, Charles E. Smith and E. M. Perry, partners doing business under the name and style of Kirby & Sons. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. Thomas R. Roulhac. This was an action of assumpsit, brought by the appellant, C. L. Watson, against William Kirby, Albert Kirby, Charles E. Smith and E. M. Perry, partners doing business under the name and style of Kirby & Sons. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence, the court found for the defendants, and rendered judgment on the several pleas in,their favor, for $127.37. The plaintiff appeals,…
1Opinion of the CourtHead, J.
Assumpsit by appellant for contract price of logs sold and delivered. Tried without a jury. The first, second, third, and sixth pleas are in recoupment. The replications (not including the eighth) set up no special matter of reply, and were well stricken from the file.
The first plea sets out a contract between plaintiff and defendants in writing as follows :
“November. 6th, 1894.
“Know all men by these presents that I, C. L. Watson, do hereby agree to put a certain lot of poplar logs now in Bear River into the boom at Watson and Hughes’ mill for Wm. Kirby & Sons for the sum of $5.00 per…
2Cases cited2 opinions
- Leonard v. BeaudryMichigan Supreme Court · 1888
- Raisin Fertilizer Co. v. J. J. Barrow, Jr. Co.Supreme Court of Alabama · 1892
3Cited by23 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Russell v. BushSupreme Court of Alabama · 1916
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
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