Whitfield v. Birmingham Trust & Savings Co.

BOULDIN, Justice.

The main questions on this appeal grow out of giving the affirmative charge, with hypothesis, for plaintiff. The alleged cause of action is aptly stated in the complaint, as amended, and Exhibit A thereto, which read:

“The plaintiff claims of the defendant the sum of sixty-seven thousand dollars ($67,000) with interest thereon from August 1, 1939, for that heretofore on to-wit, the 19th day of August, 1931, the defendant entered into an agreement in writing with the plaintiff by the terms of which the defendant guaranteed to the plaintiff the payment of all debts then or…