Moundville Lumber Co. v. Warren
Supreme Court of Alabama
Appeal from Circuit Court, Perry County; B. M. Miller, Judge. Assumpsit by T. L. Warren against tbe Moundville Lumber Company. Judgment for plaintiff, and defendant appeals. Plaintiff stated bis cause in several counts, tbe common count and several counts for breach of contract. The pleas were the general issue, payment, and set-off. The other facts sufficiently appear. Counsel discussed the assignment of error, but without citation of authority.
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Appeal from Circuit Court, Perry County; B. M. Miller, Judge. Assumpsit by T. L. Warren against tbe Moundville Lumber Company. Judgment for plaintiff, and defendant appeals. Plaintiff stated bis cause in several counts, tbe common count and several counts for breach of contract. The pleas were the general issue, payment, and set-off. The other facts sufficiently appear. Counsel discussed the assignment of error, but without citation of authority. Counsel discussed the pleadings, and cites authority. He insists that.the evidence was properly admitted, and in support thereof cites the…
1Opinion of the CourtThomas, J.
The suit was on contract: The general issue and payment were pleaded. The trial was by the court without a jury, and judgment was for plaintiff.
[1, 2] In declaring upon a contract, the pleader must either set out the contract literally or state its legal effect (Davis v. Campbell, 3 Stew. 319, 321), averring the facts showing defendant’s obligation, and, if on parol contract, stating the consideration (B. R. L. & P. Co. v. Littleton, 77 South. 565, 573 1 ). If the contract has been fully performed, except payment, or if breached or prevented of performance by defendant, or abandoned by mutual…
2Cases cited12 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Russell v. BushSupreme Court of Alabama · 1916
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Loveman, Joseph Loeb v. McQueenSupreme Court of Alabama · 1919
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Southern Building & Loan Ass'n v. DinsmoreSupreme Court of Alabama · 1932
- Little v. ThomasSupreme Court of Alabama · 1920
- Central of Georgia Ry. Co. v. WilsonSupreme Court of Alabama · 1927
- George v. RobertsSupreme Court of Alabama · 1921
- Eskridge v. BrownSupreme Court of Alabama · 1922
10 more not listed; retrieve them via the Exa API.