Legal Opinion

Owensboro Wagon Co. v. Hall

Supreme Court of Alabama

Decided February 7, 1907PublishedCited by 11 opinions

Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Owensboro Wagon Company against John A. nail. Judgment for defendant. Plaintiff appeals, and defendant takes a cross-appeal.

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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Owensboro Wagon Company against John A. nail. Judgment for defendant. Plaintiff appeals, and defendant takes a cross-appeal. The complaint was originally on the common counts, and on the second trial was amended by the addition of the sixth and seventh counts, as follows: “(6) The-plaintiff claims of the defendant the sum of (|670.00) six hundred and seventy dollars by reason of a contract in writing as follows: “ ‘Owensboro, Ky. 3-7-1901. John A. Ilall, Bessemer— Dear Sir: Respecting your request to handle our…

1Opinion of the Court

DOWDELL, J. —

This is the second appeal in this cause by the plaintiff, the Owensboro Wagon Company. Alien the cause was here on the former appeal, the contract, the foundation of the suit, was construed by this cornet in an opinion by Anderson, J., concurred in by McClellan, C. J., and Tyson and Simpson, JJ. — Owensboro Wagon Co. v. Hall, 143 Ala. 177, 42 South. 113. For reasons then stated the defendant’s fourth and fifth jileas were, held to be bad, and subject to the demurrers interposed, and the seventh plea was held to be good, and not open to the demurrer. No formal judgment was…

2Cases cited4 opinions

  1. Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
  2. Whitehurst v. BoydSupreme Court of Alabama · 1845
  3. Owensboro Wagon Co. v. HallSupreme Court of Alabama · 1904
  4. Mason v. CraigSupreme Court of Alabama · 1833

3Cited by11 opinions

  1. Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
  2. Webb Fur. Co. Inc. v. EverettSupreme Court of Florida · 1932
  3. Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
  4. Sovereign Camp, W. O. W. v. MooreSupreme Court of Alabama · 1937
  5. Ex Parte EdmundsSupreme Court of Alabama · 1919

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