Perry v. Thompson & Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Thomas Cobbs. The facts of this case are fully stated in the opinion. The complainants have an adequate remedy at law against Ware. Sykes v. First Nat’l Bank, 49 N. W. Rep. 1058'; Tierriian v. Johnson, 5 Pet. 597; Clark v. Thompson, 2 R. I. 146 ; Currier v. ILodgson, 3 N. H. 82; Scott v. Whitlaw, 20 Ill. 310. No brief, for appellee in record.
1Opinion of the CourtHead, J.
It seems to us quite clear that the present bill is without equity. The case it makes, briefly stated, is, that the defendant, W. 0. Perry, became indebted to complainants in the sum of $460, for goods sold and delivered ; that one Horace Ware became indebted to said Perry, in the sum of $400, for a balance due Perry on a building contract. The goods sold by complainants to Perry consisted, in part, of building material purchased and used by him, in the construction of the building for Ware. Perry assigned said claim against Ware to the complainants in payment of his account due to them, “to…
2Cases cited1 opinion
- Scott v. WhitlowIllinois Supreme Court · 1858
3Cited by2 opinions
- Behre v. Anchor Ins.Court of Appeals for the Second Circuit · 1924
- Clanton Bank v. RobinsonSupreme Court of Alabama · 1915