Schuessler v. Simon
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was an action of assumpsit brought by the appellant against the appellee, on the common counts. There was judgment for the defendant and plaintiff appeals. The facts are sufficiently stated in the opinion.
1Opinion of the CourtHaralson, J.
This is a suit on an account for $131.90, for work and labor done, and for goods, wares and merchandise sold by plaintiff to defendant. The case was tried by and before the presiding judge, without the intervention of a jury, on the pleas of non-assumpsit and tender of the amount due, before the commencement of the suit. The court found the issues in favor of the defendant, and rendered judgment for him against the plaintiff for costs of suit.
The preponderance of the evidence favors the finding of the court below, that the sum of $42.50 the amount claimed to have been tendered by defendant to…
2Cited by4 opinions
- Syson & Co. v. Hieronymus Bros.Supreme Court of Alabama · 1900
- Bynum v. GaySupreme Court of Alabama · 1909
- Ham Turpentine Co. v. MizellSupreme Court of Alabama · 1926
- Carden v. Louisville & Nashville R. R.Alabama Court of Appeals · 1914