Aycock v. Schwartzchild & Sulzsberger Co. of America
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Th'omas W. Wert. Action by the Schwartzchild & Sulzsberger Company of America against W. H. Aycock, doing business, etc., on an itemized and verified account. Judgment for plaintiff, and defendant appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Th'omas W. Wert. Action by the Schwartzchild & Sulzsberger Company of America against W. H. Aycock, doing business, etc., on an itemized and verified account. Judgment for plaintiff, and defendant appeals. Plea 2 as originally filed alleged that the lard purchased was represented to be new in first-class condition and as good as any lard upon the market, and that defendant, relying upon the truth of such representation, agreed to pay 15% cents per pound for same, and that said representations were false, and that the lard was old and…
1Opinion of the CourtWalker, P. J.
Whether or not the defendant’s plea 3 was subject to demurrer on either of the grounds assigned against it, he could not have been prejudiced by the action of the court in sustaining the demurrer to it, as he had the benefit, under his plea 2 as it was amended, of substantially the same alleged matter of defense.
Following previous rulings in this state in reference to substantially identical requested instructions, it must be held that the court committed reversible error in refusing to give charge 6 requested by the defendant.—Venable v. Venable, 165 Ala. 621, 51 South. 833; Louisville &…
2Cases cited5 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Louisville & Nashville Railroad v. SealeSupreme Court of Alabama · 1909
- Venable v. VenableSupreme Court of Alabama · 1910
- Penney v. McCauleyAlabama Court of Appeals · 1911
3Cited by1 opinion
- Pearson v. StateAlabama Court of Appeals · 1915