Brewer v. Home Supply Co.
Alabama Court of Appeals
Appeal from Circuit Court, Lawrence County; 0. Kyle, Judge. Action in assumpsit by the Home Supply Company against J. H. Brewer. Judgment for plaintiff, and defendant appeals. Charge A, given for plaintiff, is as follows: If you are reasonably satisfied from the evidence in this ease that the goods in question were sold to L. and P. Brewer and Isom Sparks by plaintiffs on the sold credit of the defendant, your verdict should be for the plaintiff.
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Appeal from Circuit Court, Lawrence County; 0. Kyle, Judge. Action in assumpsit by the Home Supply Company against J. H. Brewer. Judgment for plaintiff, and defendant appeals. Charge A, given for plaintiff, is as follows: If you are reasonably satisfied from the evidence in this ease that the goods in question were sold to L. and P. Brewer and Isom Sparks by plaintiffs on the sold credit of the defendant, your verdict should be for the plaintiff. I’ret.ermitting all other questions, the order was void, and not binding upon the defendant. Section 4289, Code 1907; 110 Ala. 139, 20 South. 123;…
1Opinion of the CourtMerritt, J.
This is an action by Home Supply Company, a partnership composed of certain named parties, against J. II. Brewer, Luther Brewer, Pinkney Brewer, and Isom Sparks, and is an action of assumpsit on the common counts — first, upon an open account; second, upon an account stated; and, third, for goods, wares, and merchandise sold. There were certain pleadings in the case, and the complaint was finally amended by striking out all parties defendant except J. II. Brewer, and the defendant Brewer pleading in short by consent the general issue, payment, statute of frauds, and set-off, and these were…
2Cases cited3 opinions
- Webb v. Hawkins Lumber Co.Supreme Court of Alabama · 1893
- Pake v. WilsonSupreme Court of Alabama · 1899
- Fuller v. GraySupreme Court of Alabama · 1899
3Cited by3 opinions
- Collier v. BrownLouisiana Court of Appeal · 1932
- Sanders v. HodgesSupreme Court of Florida · 1933
- Kartus Department Stores v. DeasonSupreme Court of Alabama · 1926