Quinlivan v. Quinlivan

MERRILL, Justice.

Appeal from a decree sustaining demurrer to complainant’s amended bill of complaint.

Appellant filed a bill for specific performance of a partly written and partly oral contract entered into by him with appellee. Demurrer to the bill was sustained, the bill was amended, the demurrer was refiled and again sustained.

One argued assignment of error is that the court erred in allowing respondent to orally amend his answer. Piad the court so done, it would have been error because equity rules contemplate written pleadings. Lindsey v. Reeves, 251 Ala. 400, 37 So.2d 501[8]. But there…