Dixie Industrial Co. v. Atlas Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Action by the Atlas Lumber Company against the Dixie Industrial Company, both being described as corporations. Judgment for plaintiff, and defendant. appeals.
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Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Action by the Atlas Lumber Company against the Dixie Industrial Company, both being described as corporations. Judgment for plaintiff, and defendant. appeals. The following counts are directed and set out: “(16) The plaintiff claims of the defendant the sum of, to wit, fifteen thousand ($15,000.00) dollars for that heretofore, to wit, on the 23d day of October, 1913, the plaintiff and the defendant entered into a contract in writing, a copy of which is hereto attached and marked Exhibit A and made a part of this count; that…
1Opinion of the CourtMcCLELLAN, J.
The appellee instituted this action against the appellant. There was judgment for the plaintiff (appellee). Counts 2 to 10, inclusive, declared upon several promissory notes dated November 22, 1913; counts 9 and 10 averring the contractual authority of the payee to declare the whole series of notes due upon default in the payment of any one of them. Counts 12 to 15, inclusive, are the common counts, claiming, in each, $10,000. The report of the appeal will reproduce counts 16 and 17, omitting the exhibit referred to therein. They are special counts on a written contract whereby, it is…
2Cases cited11 opinions
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Winkles v. PowellSupreme Court of Alabama · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cooper v. CooperSupreme Court of Alabama · 1921
- Middleton v. General Water Works & Electric Corp.Supreme Court of Alabama · 1931
- Kirkland v. Laumer Lumber Co.Supreme Court of Alabama · 1921