Copeland v. Union Nursery Co.
Supreme Court of Alabama
Appeal from Walker Law and LJmrifv Oonrf Heard before Hon. T. L. Sowell. Action by the Union Nursery Company against Peter Copeland. Judgment for plaintiff, and defendant appeals.
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Appeal from Walker Law and LJmrifv Oonrf Heard before Hon. T. L. Sowell. Action by the Union Nursery Company against Peter Copeland. Judgment for plaintiff, and defendant appeals. The judgment entry was silent as to any ruling as to-count 5. Plea 3 is as follows: Defendant says that this suit is based upon an order executed by defendant to plaintiff for 500 peach trees, which, by the terms of said order, were to be delivered to defendant by November 20, 1911, or within 20 days thereafter; and defendant alleges that said trees were not so delivered until about January 10, 1912, and that he…
1Opinion of the CourtMcCLELLAN, J.
The action was instituted by appellee against appellant. There was judgment for the plaintiff. The only errors assigned and insisted upon in brief for appellant are these: (a) The overruling of demurrer to the fifth count of the complaint; (b) sustaining demurrer to plea 3; (c) sustaining demurrer to plea 8; (d) and the allowance in evidence, over defendant’s objection, of the written order for goods out of which, it appears, the plaintiff’s asserted rights arose.
The first assignment cannot be considered, because the record does not disclose action by the court on demurrer to the fifth count.…
2Cases cited4 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Bell v. OttsSupreme Court of Alabama · 1893
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
- Tutwiler v. McCarty & Co.Supreme Court of Alabama · 1898
3Cited by3 opinions
- Dowling-Martin Grocery Co. v. J. C. Lysle Milling Co.Supreme Court of Alabama · 1919
- Industrial Sav. Bank v. GreenwaldSupreme Court of Alabama · 1935
- Craft v. CraftSupreme Court of Alabama · 1923