Broadwell v. Imms
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by Kaleel Broadwell against I. W. Imms. Judgment for defendant and plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by Kaleel Broadwell against I. W. Imms. Judgment for defendant and plaintiff appeals. The following is count: Plaintiff claims of defendant the said sum of $640; with interest thereon since September 5, 1913, under the following circumstance, viz.: On July 21, 1913, one C. O. Stevens entered into a contract with defendant, by the terms of which said Stevens agreed to furnish all labor and material, and to build, complete, for defendant, a house on Davis avenue, opposite the Catholic Cemetery, in Mobile…
1Opinion of the CourtThomas, J.
A statement of the facts relied on by plaintiff for recovery, and sufficient to an understanding of the case, is found in count 6 of the complaint, the substance of which will, be hereinafter set out, and to which the defendant pleaded, in addition to the general issue, two special pleas numbered, respectively, 5 and 6, whose substance is hereinafter set out. The overruling of a demurrer to these pleas, as well as the sustaining of a demurrer to plaintiff’s replication to them, constitute the *441chief alleged errors that are relied on for a reversal; the plaintiff, as a consequence of the…
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