Perry & Walden v. Gallagher
Supreme Court of Alabama
Appeal from Law and Equity Court, Walker County; T. L. Sowell, Judge. Action by J. L. Gallagher against Perry & Walden in assumpsit. Judgment for plaintiff, and defendant appeals.
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Appeal from Law and Equity Court, Walker County; T. L. Sowell, Judge. Action by J. L. Gallagher against Perry & Walden in assumpsit. Judgment for plaintiff, and defendant appeals. Transferred from the Churt of Appeals under section- 6, p. 449, Acts 1911. Count 4 is as follows: Plaintiff claims of defendant the further sum of $32.50, for that on, to wit, December 1, 1914, defendant promised to, furnish plaintiff with lumber to the value of $32.50, and that one Coleman Gann was indebted to plaintiff in the sum of $32.50, and said defendant stated to plaintiff that he was indebted to said Gann,…
1Opinion of the CourtMcCLELLAN, J.
[1] This action, to recover about-$32, was commenced by the appellee in a justice’s court; whence it was taken by appeal to the law and equity court, where a complaint containing four counts was filed. The plaintiff was awarded a judgment in the latter court. The report of the appeal will contain the fourth count, It was subject to the ground of demurrer taking the objection that the count did not show a consideration for the promise declared on and which was alleged to have been made by the1 defendants to the plaintiff. There is no averment that the contract entered into by the defendants…
2Cases cited1 opinion
- Montgomery Bank & Trust Co. v. JacksonSupreme Court of Alabama · 1914
3Cited by4 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Cunningham v. LoweryCourt of Civil Appeals of Alabama · 1970
- Dickson v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1919
- Perry & Walden v. GallagherAlabama Court of Appeals · 1919