Zirkle v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. Zirkle & Moore, and P. C. Massie, the appellants, brought the present action against the appellee, Henry C. Jones, to recover an amount alleged to be due under a contract entered into between the plaintiff® apd the defendant. The complaint as originally filed contained two counts. Demurrers were interposed to each of these counts and these demurrers Avere sustained.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. Zirkle & Moore, and P. C. Massie, the appellants, brought the present action against the appellee, Henry C. Jones, to recover an amount alleged to be due under a contract entered into between the plaintiff® apd the defendant. The complaint as originally filed contained two counts. Demurrers were interposed to each of these counts and these demurrers Avere sustained. Thereupon the plaintiffs amended their complaint by adding Iavo otlier 'counts, numbered 3 and 4. In the third count of the complaint 'plaintiffs…
1Opinion of the CourtTyson, J.
The first 'assignment of error is based upon tlie action of the court in sustaining' demurrers to tlie first and second counts of tfie complaint. Tliis assignment is not insisted upon in argument, and we will not notice it further. — 1 Brick. Dig. 102, § 285.
Amended count number 3 set out the contracts in haee verba upon which the plaintiff® relied for a recovery, averring a performance on the part of Tarlton and others, and a refusal on the part of defendant to pay the plaintiffs the sum claimed by them as due under the contracts. By the terms of the contract between plaintiff's and…
2Cases cited3 opinions
- Clearwater v. MeredithSupreme Court of the United States · 1864
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
- Western Assurance Co. v. McGlatherySupreme Court of Alabama · 1896
3Cited by6 opinions
- State Ex Rel. Chambers v. BatesSupreme Court of Alabama · 1936
- Priebe v. Southern Railway Co.Supreme Court of Alabama · 1914
- Culberson v. Empire Coal Co.Supreme Court of Alabama · 1908
- Tobias v. Josiah Morris & Co.Supreme Court of Alabama · 1901
- Sovereign Camp, W. O. W. v. JacksonSupreme Court of Alabama · 1936
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