R. D. Burnett Cigar Co. v. Art Wall Paper Co.
Supreme Court of Alabama
AppeaXj from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Art Wall Paper Company against R. D. Burnett Cigar Company and another. Judgment for plaintiff, and defendants appeal. Count 5 is as follows: “Plaintiff further claims of the defendant the sum of $1,500 as damages, to wit: That heretofore, to wit, April 17, 1906, plaintiff made to Messrs.
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AppeaXj from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Art Wall Paper Company against R. D. Burnett Cigar Company and another. Judgment for plaintiff, and defendants appeal. Count 5 is as follows: “Plaintiff further claims of the defendant the sum of $1,500 as damages, to wit: That heretofore, to wit, April 17, 1906, plaintiff made to Messrs. Wheelock, Joy & Wheelock, Birmingham, Ala., who were then and there agents of defendant, and as such acting therein for and on behalf of said defendant, a proposition in Avords and figures as folloAA,'s: (Here follows…
1Opinion of the CourtMayfield, J.
The complaint contained seven counts; the first four being the common counts, and the last three special counts, for the breach of contract to paper the second, third, and fourth floors of the Florence Hotel, of Birmingham, Ala. Demurrers were interposed to each count of the complaint. The defendants interposed the plea of general issue to each count, and special pleas to the special counts. The special pleas were all in the nature of pleas of recoupment. Some were claimed to be pleas in bar and set-off; but they were not such, strictly speaking. While each attempted to set up a defense which…
2Cases cited5 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Walstrom v. Oliver-Watts Construction Co.Supreme Court of Alabama · 1909
- Westbrook v. FultonSupreme Court of Alabama · 1885
- McGrath v. HorganAppellate Division of the Supreme Court of the State of New York · 1902
- Farmer v. . FrancisSupreme Court of North Carolina · 1851
3Cited by7 opinions
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Moss v. Best Knitting MillsSupreme Court of North Carolina · 1925
- Braswell v. MaloneSupreme Court of Alabama · 1955
- Sandlin v. AndersSupreme Court of Alabama · 1921
- Smith v. SharpSupreme Court of Alabama · 1923
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