H. H. Hitt Lumber Co. v. McCormack
Alabama Court of Appeals
Assumpsit. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by W. O. McCormack and another against the H. H. Hitt Lumber Company. Judgment for plaintiffs, and defendant appeals.
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Assumpsit. Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by W. O. McCormack and another against the H. H. Hitt Lumber Company. Judgment for plaintiffs, and defendant appeals. The count declares as for breach of an agreement, by which plaintiffs and defendant mutually agreed that plaintiff would cut all the merchantable timber aboye 13 inches at the small end on the W. F. Beard and G-. M. Bedinger tracts of land.in Marshall county, for which defendant would pay plaintiffs at the agreed price of $1 per thousand feet; said timber to be scaled by defendant and…
1Opinion of the Court
BROWN, J.(1) The rule as to the right of a witness to- refresh his recollection from a memorandum made by the witness is stated in Birmingham Railway, L. & P. Co. v. Seaborn, 168 Ala. 658, 53 South. 243, and Acklen v. Hickman, 63 Ala. 498, 35 Am. Rep. 54; and we deem it unnecessary to restate it here. Suffice it to say that it was made to appear that the memorandum used by McCormack to- refresh his recollection was made by the witness, and that after examining it his memory was so refreshed that he could state the quantity of timber shown by the scalings made by him, and under the rule the…
2Cases cited11 opinions
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- Pantaze v. WestAlabama Court of Appeals · 1913
- Lawton v. RickettsSupreme Court of Alabama · 1893
- West Virginia Architects & Builders v. StewartWest Virginia Supreme Court · 1911
- Carolina-Portland Cement Co. v. Alabama Construction Co.Supreme Court of Alabama · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shirley v. Southern Ry. Co.Supreme Court of Alabama · 1916
- Allsup v. StateAlabama Court of Appeals · 1916
- Dennis v. StateAlabama Court of Appeals · 1917
- Brett v. DeanSupreme Court of Alabama · 1940
- McDonough v. Commercial State BankAlabama Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.