Berlin Machine Works v. Ewart L. Co.
Supreme Court of Alabama
Appeal from. Jefferson Circuit Court. Heard before Hon. C. B. Smith. Assumpsit by the Berlin Machine Works against the Ewart Lumber Company.. After adverse rulings on the pleadings, plaintiff took a non-suit and appeals. Counts 1 and 2 were on two promissory notes. Count 3 was for goods, wares, and merchandise, and count 4 was for work and labor done.
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Appeal from. Jefferson Circuit Court. Heard before Hon. C. B. Smith. Assumpsit by the Berlin Machine Works against the Ewart Lumber Company.. After adverse rulings on the pleadings, plaintiff took a non-suit and appeals. Counts 1 and 2 were on two promissory notes. Count 3 was for goods, wares, and merchandise, and count 4 was for work and labor done. The first count claimed $480.50; the second count claiming $257.55, the third count claiming $100, and the fourth count claiming the same. The first plea ivas the general issue; the second and third, nul tiel corporation; the fourth, no…
1Opinion of the CourtMayfield, J.
— Appellant sued appellee on two promissory notes and on the common counts. The defendant pleaded the general issue and several special pleas.
Plea 4 was that there was no consideration] plea 6, that there was a total failure of consideration, and set out the facts claimed to constitute the failure] and plea 9 set up a breach of warranty in the sale of a machine to the plaintiff, and also sought to recoup damages on account of such alleged breach.
The plaintiff demurred to these pleas, and, its demurrer being overruled, filed a number of special replications to each of the special pleas,…
2Cases cited3 opinions
- Jackson v. StateSupreme Court of Alabama · 1910
- Dundee Mortgage & Trust Investment Co. v. NixonSupreme Court of Alabama · 1891
- Berlin Machine Works v. Marbury Lumber Co.Supreme Court of Alabama · 1906
3Cited by33 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Brasher v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- Esslinger v. SpraginsSupreme Court of Alabama · 1938
- Illinois Cent. R. Co. v. JohnstonSupreme Court of Alabama · 1920
- Russell v. GarrettSupreme Court of Alabama · 1922
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