Lehman v. Shiver
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. A. A. Evans. This was an action of assumpsit brought by the appellant against the appellee, and counted upon the common counts. The defendant pleaded two pleas. The first was the general issue, and the second was the following special plea: “2d.
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Appeal from the Circuit Court of Dale. Tried before the Hon. A. A. Evans. This was an action of assumpsit brought by the appellant against the appellee, and counted upon the common counts. The defendant pleaded two pleas. The first was the general issue, and the second was the following special plea: “2d. That the account upon which the suit is founded is alleged to be due by defendant to plaintiff for a certain lot of vinous, spiritous or malt liquors, named in said account; and that at the time the said liquor is alleged to have been sold by plaintiff to defendant, defendant had no license…
1Opinion of the CourtTyson, J.
The letter written by Parker, the agent of the plaintiff, to him was a mere ex parte statement and was not binding upon the defendant; it not being shown that he ever saw it or knew of -its being written. There was no error in excluding it.
The remaining assignments of error are admitted in argument to be available' to appellant, only, in the event hi® contention is sustained, that defendant estopped himself to deny the purchase of the whiskey by the allegations of his second plea. By this plea the defendant interposed the defense that the contract for the purchase and sale of the whiskey was…
2Cited by2 opinions
- McGhee v. CashinSupreme Court of Alabama · 1900
- Wilkey v. State Ex Rel. SmithSupreme Court of Alabama · 1939