Moline Jewelry Co. v. Crew
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. H. P. Merritt, Special Judge. Assumpsit by tbe Moline Jewelry Company against B. F. Crew. Judgment for defendant, and plaintiff appeals. Charge 1 was the general affirmative charge. Charge 2 was as follows: “I charge you that, if you believe the evidence, you will find the issues raised by defendant’s plea in favor of the plaintiff and against the defendant, B. F. Crew.”
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Appeal from Coosa Circuit Court. Heard before Hon. H. P. Merritt, Special Judge. Assumpsit by tbe Moline Jewelry Company against B. F. Crew. Judgment for defendant, and plaintiff appeals. Charge 1 was the general affirmative charge. Charge 2 was as follows: “I charge you that, if you believe the evidence, you will find the issues raised by defendant’s plea in favor of the plaintiff and against the defendant, B. F. Crew.” A plea setting up fraud must contain facts constituting fraud at law. — Balcer v. Hutchinson, 147 Ala. 636; McDonald v. Pearson, 114 Ala. 630 -/Reynolds v. Montevallo C. Go.…
1Opinion of the CourtSayre, J.
The first three counts in appellants’ complaint in the court below were in common assumpsit. The fourth proceeded for the breach of a special contract by which the defendant assumed to purchase certain goods of the plaintiffs. Under the contract, the goods were to he delivered on hoax’d the cai’s at the place of shipxnent.
In addition to the genex’al issxxe, defendant filed special jileas 2 and 3, in which it is averred that the contract sued ujion, and set forth at length in the foui’th count, was procux’ed by fraud, in this: To state the facts briefly, that one Bouldin, who was jilaintiff’s…
2Cases cited7 opinions
- Shahan v. BrownSupreme Court of Alabama · 1910
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- Kress v. LawrenceSupreme Court of Alabama · 1908
- Comer v. FranklinSupreme Court of Alabama · 1910
- Hayes v. WoodhamSupreme Court of Alabama · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kennett-Murray Corporation v. John E. BoneCourt of Appeals for the Fifth Circuit · 1980
- Standard Oil Co. v. MyersSupreme Court of Alabama · 1936
- San-Ann Service Inc. v. BedingfieldSupreme Court of Alabama · 1974
- John F. Clark & Co. v. NelsonSupreme Court of Alabama · 1927
- Brenard Mfg. Co. v. CannonSupreme Court of Alabama · 1923
10 more not listed; retrieve them via the Exa API.