Alabama Tailoring Co. v. Judkins
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Horace C. Wilkinson, Judge. Assumpsit by Cleveland Judkins against the Alabama Tailoring Company. Judgment for plaintiff and defendant appeals. Transferred from court of appeals, under section 6, Acts 1911, p. 449. The court improperly construed the contract, and erred in rendering the judgment, which this court will reverse, and render such judgment as should have been rendered.
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Appeal from Circuit Court, Jefferson County ; Horace C. Wilkinson, Judge. Assumpsit by Cleveland Judkins against the Alabama Tailoring Company. Judgment for plaintiff and defendant appeals. Transferred from court of appeals, under section 6, Acts 1911, p. 449. The court improperly construed the contract, and erred in rendering the judgment, which this court will reverse, and render such judgment as should have been rendered. Section 5361, Code 1907. No brief came to the Reporter.
1Opinion of the CourtMcCLELLAN, J.
The plaintiff (appellee) brought this action in assumpsit, using the common counts, to recover of defendant (appellant) $18.25, which had been paid by plaintiff to defendant under the circumstances to be stated. On the trial in the circuit court (without jury), to which the defendant had appealed from a judgment for plaintiff in. the municipal court, j udgment was again rendered for plaintiff.
The defendant was engaged in the tailoring business in September, 1917. On the 17th day of September, 1917, plaintiff “ordered” the defendant to make for him a suit (coat and trousers) of clothes, from a…
2Cases cited5 opinions
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Brady v. GreenSupreme Court of Alabama · 1909
- M'Gehee v. HillSupreme Court of Alabama · 1836
- Harper v. ClaxtonSupreme Court of Alabama · 1878
- Ledyard v. ManningSupreme Court of Alabama · 1840
3Cited by10 opinions
- In re Marcella Cotton MillsDistrict Court, M.D. Alabama · 1925
- Indus. MacHinery, Inc. v. Creative DisplaysSupreme Court of Alabama · 1977
- Mintle v. SylvesterSupreme Court of Iowa · 1926
- Gorman-Gammill Seed & Dairy Supply Co. v. CarlisleSupreme Court of Alabama · 1929
- Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926
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