Bonds v. Cooke & Wood Const. Co.

HARWOOD, Judge.

This cause of action was for earnest money paid by the plaintiff pursuant to an alleged contract for the sale of realty.

The suit originated in the Intermediate Civil Court of Birmingham. In that court judgment was for the defendant. The plaintiff thereupon perfected his appeal to the Circuit Court of Jefferson County.

In the circuit court the plaintiff amended its complaint by adding count “A”, and withdrew the count upon which the trial was had in the Intermediate Civil Court of Birmingham,

Count “A” claimed $1,000 “earnest money deposited in accordance with a certain contract…