Brenard Mfg. Co. v. Sullivan

This is the third appeal in this c-ase. In all three trials the appellant, plaintiff in the court below, -was the loser. The facts may he ascertained from the reports of the two former decisions, the first by the Supreme Court (210 Ala. 200, 97 So. 692), and the second by this court (ante, p. 44, 104 So. 887).

On this appeal but two questions are presented : (1) Did the trial court err in overruling plaintiff’s (appellant’s) demurrer to defendant’s plea 3? And (2) did the trial court err in refusing to give the general affirmative charge, which was duly requested, in favor of the plaintiff…