Ivy Coal & Coke Co. v. Long
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. A. H. Alston. This was an action of assumpsit instituted on September 13, 1899, by the appellant, Ivy Coal & Coke Company, against the appellee, B. M. Long, in which the plaintiff as transferee of one Walter Moore seeks to recover of the defendant a balance due on account' for commissions for services rendered by said Walter Moore to the defendant in the negotiations pf a sale of a large body of land belonging to…
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Appeal from the Circuit Court of Walker. Tried before the Hon. A. H. Alston. This was an action of assumpsit instituted on September 13, 1899, by the appellant, Ivy Coal & Coke Company, against the appellee, B. M. Long, in which the plaintiff as transferee of one Walter Moore seeks to recover of the defendant a balance due on account' for commissions for services rendered by said Walter Moore to the defendant in the negotiations pf a sale of a large body of land belonging to the defendant. The complaint as originally filed contained seven counts, which were in the statutory form of common…
1Opinion of the Court
SHARPE, J. —
In each of the seven counts of the complaint as first filed, the cause of action was declared on as one which had accrued to Walter Moore, and which had subsequent to its accrual become the property of the plaintiff. The eighth count filed as an amendment to the complaint declared as upon an account stated immediately between the plaintiff and defendant inde*540pendent of any transaction with Moore. The canse of action so introduced by the eighth count was apparently different and distinct from any originally described in the complaint, and, therefore, the striking out of that count…
2Cases cited5 opinions
- Semple v. GlennSupreme Court of Alabama · 1890
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Prince v. PrinceSupreme Court of Alabama · 1880
- Chirstian & Daniel v. Niagara Fire InsuranceSupreme Court of Alabama · 1893
3Cited by13 opinions
- Ellen Gregg Ingalls v. Ingalls Iron Works CompanyCourt of Appeals for the Fifth Circuit · 1958
- Martin v. StoltenborgSupreme Court of Alabama · 1962
- Singer Sewing Machine Co. v. TeasleySupreme Court of Alabama · 1916
- Reed v. RobinsonSupreme Court of Alabama · 1925
- Alabama Construction Co. v. WatsonSupreme Court of Alabama · 1908
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