Brooks v. Romano
Supreme Court of Alabama
Appeal fiom Bessemer City Court. Heard, before 1-Ion. Wm. Jackson. Action by Mike Romano against George W. Brooks. From a judgment for plaintiff, defendant appeals.
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Appeal fiom Bessemer City Court. Heard, before 1-Ion. Wm. Jackson. Action by Mike Romano against George W. Brooks. From a judgment for plaintiff, defendant appeals. This action originated in an attachment proceeding in the justice court, and was removed to the city court, where it Aims tiied upon the following complaint: “Count 1. The plaintiff claims of the defendant the sum of sixty dollars damages for deceit in the sale of one car load of oats, AA’hich the defendant at the time of the sale represented to be standard Texas rust proof oats and sound, and which at the time of the sale the…
1Opinion of the Court
DENSON, J. —
This is the second appeal in this cause. See 142 Ala. 514, 39 South. 213. On tlie first trial the complaint contained three counts, and a demurrer was sustained for a misjoinder of counts. Judgment was rendered for the defendant on the first trial, from which the plaintiff appealed, and here assigned as one ground of error the rul" ing of the court sustaining the demurrer to the complaint for misjoinder. In response to this assignment of error, we said: “This first count, which claimed damages for deceit in the sale of a car load of oats, was in case, while the third count, both…
2Cases cited15 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Hunnicutt v. HigginbothamSupreme Court of Alabama · 1903
- Adler v. PinSupreme Court of Alabama · 1885
- Robinson & Ledyard v. Pogue & SonSupreme Court of Alabama · 1888
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3Cited by3 opinions
- Higdon v. GarrettAlabama Court of Appeals · 1912
- Martin v. BrownSupreme Court of Alabama · 1917
- Southern Bell Telephone and Telegraph Company and American Telephone and Telegraph Company v. Southern Precision Pattern Works, Ins.Court of Appeals for the Fifth Circuit · 1958