Hughes v. Bickley
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Robt. C. Brickell, Judge. Action by W. H. Bickley against Henry M. Hughes on the common counts and in a special assumpsit. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Madison County; Robt. C. Brickell, Judge. Action by W. H. Bickley against Henry M. Hughes on the common counts and in a special assumpsit. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals, under section 6, p. 449, Acts 1911. A general averment that plaintiff has performed all the conditions precedent is not sufficient. 171 Ala. 274, 55 South. 185; 36 Cyc. 58, 108; 3 Elliott on Contracts, 289. The averment in count 4 is a conclusion of the pleader. 164 Ala. 508, 51 South. 352; 179 Ala. 386, 60 South. 937. Evidence as to what price…
1Opinion of the CourtMcCLELLAN, J.
[1] The appellee brought this action against appellant to recover commissions on a sale of real estate belonging to appellant, claimed under a special contract executed by these parties. There was judgment for the plaintiff. Some only of the assignments of error were insisted upon in brief filed on original submission. Those not argued were then waived, and arguing other assignments in a supplemental brief subsequently filed cannot retract that waiver. L. & N. R. R. Co. v. Holland, 173 Ala. 675, 694-696, 55 South. 1001, among others. Hence, only assignments insisted upon at submission will be…
2Cases cited7 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Kimmell v. SkellyCalifornia Supreme Court · 1900
- Cahaba Coal Co. v. ElliottSupreme Court of Alabama · 1913
- Mercantile Trust Co. v. LamarMissouri Court of Appeals · 1910
- Evans v. Cincinnati, Selma & Mobile Railway Co.Supreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bell v. DimmerlingOhio Supreme Court · 1948
- Baker v. HowisonSupreme Court of Alabama · 1925
- Lunney v. Southern Railway CompanySupreme Court of Alabama · 1961
- Jackson v. Ariton Banking Co.Supreme Court of Alabama · 1926
- Abbott v. Stephany Poultry Co.Superior Court of Delaware · 1948
2 more not listed; retrieve them via the Exa API.