Rock Island Sash & Door Works v. Moore, Handley Hdw. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. This was an action on the common counts. The defendant filed the general issue and pleas 3, 4, and 5. Pleas 2, 6, 7, and 8 were withdrawn.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. This was an action on the common counts. The defendant filed the general issue and pleas 3, 4, and 5. Pleas 2, 6, 7, and 8 were withdrawn. Plea 3: “And for further plea in this behalf; and by way of set-off, the defendant says that the plaintiff is indebted to the defendant in a large sum, to-wit, $300, ivhich sum defendant claims of the plaintiff as damages for the breach of a certain contract made between plaintiff and defendant on the 29th day of November, 1900, whereby the plaintiff undertook and agreed to sell and…
1Opinion of the CourtDowdell, J.
To the complaint, which was on the common counts, the defendant filed pleas numbered from 1 to 8 inclusive; the first being the general issue and the rest special pleas. Subsequently the third and fourth were amended, and the second, sixth, seventh, and eighth were withdrawn. By the third and fourth pleas set-off was pleaded as a defense. By the fifth plea recoupment was intended to be pleaded, and, indeed, was so treated by the parties; but it is not shown by the averments in the plea that the damages sought to be re*587couped arose out of the transaction on which the suit was brought or the…
2Cases cited13 opinions
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- Johnson v. AllenSupreme Court of Alabama · 1884
- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
- Rugg & Bryan v. MooreSupreme Court of Pennsylvania · 1885
- McGrath v. CannonSupreme Court of Minnesota · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Stanard Tilton Milling Co. v. MixonSupreme Court of Alabama · 1942
- Huntington & Finke Co. v. Lake Erie Lumber & Supply Co.Ohio Supreme Court · 1924
- Copeland v. Swiss Cleaners, Inc.Supreme Court of Alabama · 1951
- Ollinger & Bruce Dry Dock Co. v. James Gibbony & Co.Supreme Court of Alabama · 1918
3 more not listed; retrieve them via the Exa API.