Beck & Pauli Lithographing Co. v. Houppert
Supreme Court of Alabama
Appeal from the Circuit Court of Jeffersou. Tried before the Hon. James J.' Banks. The present suit was brought by the appellant against the appellees, to recover the p^ricg-of certain articles of stationery, which were alleged to have been sold by the plaintiff to the defendants under a written contract which was contained in a proposition to furnish stationery at certain prices, and which was accepted by the defendants.
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Appeal from the Circuit Court of Jeffersou. Tried before the Hon. James J.' Banks. The present suit was brought by the appellant against the appellees, to recover the p^ricg-of certain articles of stationery, which were alleged to have been sold by the plaintiff to the defendants under a written contract which was contained in a proposition to furnish stationery at certain prices, and which was accepted by the defendants. The complaint contains eight counts : The first was on an itemized sworn account; the 2d, 3d, and 4th, on the common counts ; the 5th, 6th and 7th, special counts for the…
1Opinion of the CourtColeman, J.
The complaint contains several counts, some of which are in the common form, and others upon a breach of a special agreement. The defendant pleaded the general issue and several special pleas.
The only assignments of error which arise upon the pleadings, are to the ruling of the court, overruling plaintiff’s demurrer to two pleas filed on the 9th of October, 1893. These two pleas were intended to answer the counts of the complaint based upon an alleged breach of a written agreement, and aver as a defense that the execution of the written agreement was procured by fraud. 'It is well settled…
2Cases cited11 opinions
- Cannon v. LindseySupreme Court of Alabama · 1887
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Burroughs v. Pacific Guano Co.Supreme Court of Alabama · 1886
- Foster v. JohnsonSupreme Court of Alabama · 1881
- Pacific Guano Co. v. AnglinSupreme Court of Alabama · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Vann v. First Community Credit Corp.Supreme Court of Alabama · 2002
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Southern Building & Loan Ass'n v. DinsmoreSupreme Court of Alabama · 1932
- American-Traders' Nat. Bank v. HendersonSupreme Court of Alabama · 1931
39 more not listed; retrieve them via the Exa API.