Clark & Barker v. Eufaula Brick Works
Supreme Court of Alabama
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Assumpsit by Clark & Barker, a partnership, against the Eufaula Brick Works. Judgment for defendant, 'and plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The following charges were refused to the plaintiff: (1) I charge you that, if you believe the evidence, you will find from the evidence that Freeman was the agent defendant. (2) Affirmative charge for the amount claimed.
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Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Assumpsit by Clark & Barker, a partnership, against the Eufaula Brick Works. Judgment for defendant, 'and plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The following charges were refused to the plaintiff: (1) I charge you that, if you believe the evidence, you will find from the evidence that Freeman was the agent defendant. (2) Affirmative charge for the amount claimed. (8) From the evidence you are authorized to infer that Freeman was the agent of the defendant. If a plea be available as a…
1Opinion of the CourtMcCLELLAN, J.
The appellant, firm sued the appellee in assumpsit, declaring' through counts on an account, account stated, etc. The plaintiffs (appellants) are merchants in Eufaula. The defendant is a brick-making concern, operating just across the river, in Georgia, from Eufaula. The brick works is owned by A. J. Baldwin, who resides' 40 miles from his plant. The account’s items consist of money furnished by the plaintiffs to pay workmen at the brick plant, on the order -of J. R. Freeman, and goods supplied to workmen or for their account by the order or direction of J. R. Freeman — all charged on the…
2Cases cited6 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Willcox v. HinesTennessee Supreme Court · 1898
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- Seehorn v. HallSupreme Court of Missouri · 1895
- Simpson & Harper v. Harris & ScrandrettSupreme Court of Alabama · 1911
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- Tison v. Citizens' Bank & Security Co.Supreme Court of Alabama · 1922
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