Legal Opinion

Union Naval Stores Co. v. Patterson

Supreme Court of Alabama

Decided December 5, 1912PublishedCited by 11 opinions

Appeal from Mobile Law & Equity Court. Heard before Hon. Saffold Berney. Action by W. B. Patterson against the Union Naval Stores Company. From a judgment for plaintiff, defendant appeals.

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Appeal from Mobile Law & Equity Court. Heard before Hon. Saffold Berney. Action by W. B. Patterson against the Union Naval Stores Company. From a judgment for plaintiff, defendant appeals. The following are counts 3 and 4: (3) “Plaintiff claims of defendant $1,675.28 damages for the breach- of an agreement in writing entered into by it on the 18th day of March, 1905, by which the defendant promised to pay to the plaintiff for all turpentine and rosin received by plaintiff and delivered to defendant during the season of 1905, consisting of the output o‘f the turpentine orchards of Robbins’…

1Opinion of the Court

de GRAFFENRIED, J.

We confine ourselves in this opinion, in so far as the pleadings are concerned, to *528the questions which are presented for our consideration, growing out of the action of the trial court in striking the defendant’s pleas setting up the statute of limitations of three years, as a defense to the causes of action set ont in the third and fourth counts of the original complaint, and in the third and fourth counts of the complaint as amended. This suit was brought by W. B. Patterson against the Union Naval Stores 'Company. The first count of the complaint was upon an open account.…

2Cases cited2 opinions

  1. Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
  2. Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882

3Cited by11 opinions

  1. Lowy v. RosengrantSupreme Court of Alabama · 1916
  2. Lemoine Co. of Alabama v. HLH Constructors, Inc.Supreme Court of Alabama · 2010
  3. Louisville Soap Co. v. TaylorCourt of Appeals for the Sixth Circuit · 1922
  4. American Refining Co. v. StaleyCourt of Appeals of Texas · 1925
  5. McDonough v. Commercial State BankAlabama Court of Appeals · 1916

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