Williams v. Shows
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Assumpsit by H. Williams against T. W. Shows, judgment for defendant and plaintiff appeals. The first count was on an account due.
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Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Assumpsit by H. Williams against T. W. Shows, judgment for defendant and plaintiff appeals. The first count was on an account due. Count A as amended was as follows: Plaintiff claims of defendant the sum of $321.50, due from defendant to plaintiff for this, that on, to wit, January 19, 1910, plaintiff went to defendant for the purpose of paying a debt owed to defendant by one Charles Fuller, a customer of defendant, and that, on stating the account, said Shows told plaintiff that, because of a pending suit between said Shows,…
1Opinion of the Court
de GRAFFENRIED, J.
The law is well settled that, when one party to a contract has done all that the contract requires him to do, and nothing remains to be done, under the contract, but the payment of a sum of money by the other.party to such contract, then such sum can be recovered by the party to whom such sum is due in an action upon the common counts.—Woodrow v. Hawving, 105 Ala. 240, 16 South. 720.
1. The plaintiff, H. Williams, claims that T. W. Shows, the defendant, is the general manager of and largely interested in a mercantile company; that Charlie Fuller was indebted to said…
2Cases cited2 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
3Cited by10 opinions
- Ex Parte JonesSupreme Court of Alabama · 1984
- Great Atlantic & Pacific Tea Co. v. CrabtreeSupreme Court of Alabama · 1935
- Nelson v. Cutter Boat & Motor Co.Supreme Court of Alabama · 1954
- Republic Steel Corporation v. GilbertAlabama Court of Appeals · 1955
- Hurt v. Atlanta, B. & A. Ry. Co.Alabama Court of Appeals · 1919
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