Cunningham v. Lowery

WRIGHT, Judge.

Suit was filed in the Circuit Court' of Tuscaloosa County, Alabama, by the three plaintiffs against defendant. The original complaint contained five counts. Counts 2 and 4 were struck during the trial of the matter. Count 1 alleged breach of an express contract. Counts 3 and 5 were common .counts, count 3 being for work and labor done at defendant’s request and count 5 for goods and materials supplied to and accepted by defendant. Demurrers of defendant to the complaint were overruled. Defendant filed pleas in recoupment and by agreement, plea in short by consent, the general…