Thomas Bros. v. Williams
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. T. Williams against Thomas Brothers. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to the complainant. — 9 Cyc. 712 and 713. Counsel discusses the evidence and insists that the court erred in its rulings thereon, and in denying the motion for a new trial, but cites no authority in support thereof.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. T. Williams against Thomas Brothers. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to the complainant. — 9 Cyc. 712 and 713. Counsel discusses the evidence and insists that the court erred in its rulings thereon, and in denying the motion for a new trial, but cites no authority in support thereof. The demurrers were to the complaint as a whole, and one count was in Code form, hence, the demurrer was properly overruled. — Qreil v. Lomax, 86 Ala. 132; Gamble v. Sheffield G.…
1Opinion of the CourtSayre, J.
Counts 1 and 2 follow substantially the counts for money due by account and for work and labor done as these appear in form 10 under section 5382 of the Code. Count 3 alleges the breach of an express promise to pay for work and labor done; in other words, an express promise to pay, its consideration, and its breach. The demurrer to the complainant, and to each count thereof, was properly overruled.
During his direct examination as a witness in his own behalf, plaintiff (appellee) testified to the terms of the contract between him and the defendants; but he did not say whether the contract had…
2Cases cited4 opinions
- Lamar v. KingSupreme Court of Alabama · 1910
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- Moneagle & Co. v. LivingstonSupreme Court of Alabama · 1907
- McLendon v. BushSupreme Court of Alabama · 1900
3Cited by10 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Howell v. HowellSupreme Court of Alabama · 1923
- State Ex Rel. Seibels v. FarleySupreme Court of Alabama · 1921
- Benton v. StateAlabama Court of Appeals · 1917
- Philip Olim Co. v. C. A. Watson SonsSupreme Court of Alabama · 1920
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