Johnson v. Kelly
Supreme Court of Alabama
on 23d of April, 1827, commenced an action of assumpsit against W. B. Johnson, in Madison Circuit Court, to recover on an open account for services rendered.
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on 23d of April, 1827, commenced an action of assumpsit against W. B. Johnson, in Madison Circuit Court, to recover on an open account for services rendered. The damages were laid in the writ and declaration at $100. The plaintiffs proved on the trial, that the account, amounting to $90, was presented on behalf of Leach, by one Rogers, to the defendant, who admitted it to be correct, and agreed that if day was given from that time, the 31st May, 1827, till the 1st of January next afterwards, he would give his note for the amount, with G. W. Johnson as security; Rogers surrendered and…
1Opinion of the Court
Per curian.
In this case the judgment is reversed, because the verdict and judgment are for moredamages than are laid in the writ and declaration. On the other errors •assigned, our opinion is in favor of the defendants in error.
Reversed and remanded,-
2Cited by1 opinion
- Sullivan Timber Co. v. BrushagelSupreme Court of Alabama · 1895