Montgomery Lodge No. 596, B. P. O. E. v. Massie
Supreme Court of Alabama
Appeal from Montgomery City Court. I-Ieard before Hon. A. D. Sayre. Action by Bessie K. Massie against Montgomery Lodge No. 596, Benevolent Protective Order of Elks, to recover $500 paid on a real estate transaction not consummated. From a judgment for plaintiff, defendant appeals.
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Appeal from Montgomery City Court. I-Ieard before Hon. A. D. Sayre. Action by Bessie K. Massie against Montgomery Lodge No. 596, Benevolent Protective Order of Elks, to recover $500 paid on a real estate transaction not consummated. From a judgment for plaintiff, defendant appeals. Plaintiff’s contention is that under an agreemeent or option she paid the defendants by certified check, which was collected by them, the sum of $500, and that the agreement was never consummated or conveyance made, as the defendant failed to furnish an abstract of title. The agreement referred to is ^s follows:…
1Opinion of the CourtMayfield, J.
This was an action by appellee against appellant to recover $500. The complaint contained the common counts, and six additional special counts were added by amendment, to each of which the defendant pleaded the general issue. The case was Died by the judge of the city court of Montgomery without a jury, and resulted in a judgment for the plaintiff for $500 and interest thereon. The only error assigned on the appeal is the action of the city court in rendering judgment for the plaintiff below.
Findings and conclusions of courts in cases tried by the judges without a jury, as this was, and when…
2Cited by14 opinions
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- Pizitz v. RyanSupreme Court of Alabama · 1981
- Weil v. CenterfitSupreme Court of Alabama · 1918
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