Baird Lumber Co. v. Devlin
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. W. S. Anderson. Luke A. Devlin sued the Baird Lumber Co. to recover a sum of.money claimed to be due him under a contract of employment, whereby he claimed the company agreed to pay liim ten per cent on all the goods which he sold as drummer for it; that his said commission was earned and became due as soon as he took the order for the , goods.
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Appeal from Mobile Circuit Court. Tried before Hon. W. S. Anderson. Luke A. Devlin sued the Baird Lumber Co. to recover a sum of.money claimed to be due him under a contract of employment, whereby he claimed the company agreed to pay liim ten per cent on all the goods which he sold as drummer for it; that his said commission was earned and became due as soon as he took the order for the , goods. He further claimed that by some subsequent agreement the company ivas to pay him whatever was reasonable for collecting the money for the goods which he sold; and that it oAved him for the use of a…
1Opinion of the CourtHaralson, J.
— 1. The 1st and 2nd assignments of error are waived by the appellant. The 3rd, 4th and 5th relate to the same matter, — Avhether an account of the defendant company with the plaintiff, copied from their books to be used on the trial Avas properly excluded *248from the jury, ou objections by plaintiff. We have heretofore held, that before an account is allowed to go to the jury, the items composing it must be proved by the party offering it, or it must be shown to have been rendered to the party against whom it is offered, and kept without objections to its correctness, for such a length of time…
2Cases cited6 opinions
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
- Nelms v. Steiner Bros.Supreme Court of Alabama · 1896
- Robinson's Admr's v. AllisonSupreme Court of Alabama · 1860
- Foster v. SmithSupreme Court of Alabama · 1893
- David v. MaloneSupreme Court of Alabama · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Austin v. Tennessee Biscuit Co.Supreme Court of Alabama · 1951
- Jerome H. Sheip, Inc. v. BaerSupreme Court of Alabama · 1923
- Modern Order of Pr&198torians v. ChildsSupreme Court of Alabama · 1926
- Alabama Lumber Co. v. CrossSupreme Court of Alabama · 1907
- Adams v. StateSupreme Court of Alabama · 1950
4 more not listed; retrieve them via the Exa API.