Eastern Granite Roofing Co. v. Chapman & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. John P. Hubbard. This was an action of assumpsit, brought by the appellant, the Eastern Granite Roofing Company, a corporation, against A. R. Chapman and O. D. Chapman, partners doing business under the firm name of Chapman & Co. The complaint contained three counts, the substance of which is sufficiently stated in the opinion. Among the special pleas filed by the defendant was the following: “8th.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. John P. Hubbard. This was an action of assumpsit, brought by the appellant, the Eastern Granite Roofing Company, a corporation, against A. R. Chapman and O. D. Chapman, partners doing business under the firm name of Chapman & Co. The complaint contained three counts, the substance of which is sufficiently stated in the opinion. Among the special pleas filed by the defendant was the following: “8th. And for further answer to the said complaint the defendants say that there is no consideration for the account sued upon in this,…
1Opinion of the CourtTyson, J.
The complaint contains three counts. The first declares on an open account; the second, .on a stated account; and the third for goods,- wares and merchandise sold.
A number of special pleas were filed by defendant. A demurrer was sustained to several of them, but overruled as to the eighth. This pleas, as we read it, was a plea in bar and attempted to set up as a defense a bread) of warranty of the quality of the roofing sold by plain*443tiffs, as manufacturers, to the defendants. Whether the warranty relied upon is an express or implied one does not clearly appear. But whether the one or the…
2Cases cited5 opinions
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Frith & Co. v. HollanSupreme Court of Alabama · 1901
- Pacific Guano Co. v. MullenSupreme Court of Alabama · 1880
- Jemison v. Woodruff & BeachSupreme Court of Alabama · 1859
- Dalton v. Bunn & AllisonSupreme Court of Alabama · 1902
3Cited by5 opinions
- McCoy v. PrinceAlabama Court of Appeals · 1914
- Grissom v. J. B. Colt & Co.Supreme Court of Alabama · 1928
- Aetna Chemical Co. v. Spaulding & Kimball Co.Supreme Court of Vermont · 1924
- Curb v. Stewart, Adams & Co.Supreme Court of Alabama · 1923
- Way v. Kirkpatrick Lumber & Timber Co.Alabama Court of Appeals · 1925