Harris Transfer & Warehouse Co. v. Moor
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by J. B. Moor against the Harris Transfer & Warehouse Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by J. B. Moor against the Harris Transfer & Warehouse Company. Judgment for plaintiff, and defendant appeals. The sixth count claimed damages for the breach of an agreement, in substance that defendant agreed to pay plaintiff a salary of $125 per month for services as auditor and office manager of defendant, commencing on June 1, 1910, for three months, and after the expiration of that time to pay plaintiff $150 per month as long as he worked for defendant, and in addition to the salary to pay 5 per cent, of the net…
1Opinion of the CourtPelham, J.
The appeal is on the record without a bill of exceptions, and the only two errors assigned relate to the ruling of the trial court in overruling defendant’s (appellant here) demurrers to the sixth count of the complaint; and, second, in sustaining appellee’s demurrers to appellant’s sixth plea.
As to the first assignment, it is enough to say that the record shows no judgment of the court on the demurrers to the sixth count. We find set out in the trans-script demurrers to the complaint filed on the same day that the complaint was amended by filing count No. 6. These demurrers, however, seem to…
2Cases cited7 opinions
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Lagerfelt v. McKieSupreme Court of Alabama · 1893
- Carbon Hill Coal Co. v. CunninghamSupreme Court of Alabama · 1907
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3Cited by3 opinions
- Scott v. SOUTHERN COACH AND BODY CO.Supreme Court of Alabama · 1967
- First National Bank v. Cripple Creek State BankSupreme Court of Colorado · 1916
- Boyd v. StateAlabama Court of Appeals · 1915