Brigham & Co. v. Carlisle
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before the Hon. Henry D. Clayton. The appellee brought this action against J.W. Brigham & Co. to recover damages for the breach of' a contract for the sale of goods on commission by him on their account. The case was tried on pleas of the general issue, non assumpsit, set-off and payment.
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Appeal from Lee Circuit Court. Tried before the Hon. Henry D. Clayton. The appellee brought this action against J.W. Brigham & Co. to recover damages for the breach of' a contract for the sale of goods on commission by him on their account. The case was tried on pleas of the general issue, non assumpsit, set-off and payment. There was evidence tending to show that, some time in September, 1881, the plaintiff entered into a contract with Brigham & Co., to sell goods for them as a travelling salesman ; that they were to pay him a commission of five per ■cent, on the sales of shoes made by him,…
1Opinion of the CourtClopton, J.
It may be conceded, that, at common law, a defendant can insist upon the benefit of the statute of frauds, by plea of the general issue. Under our statute, which provides, that, “ in all suits whet'e the defendant relies on a denial of the cause of action as set forth by the plaintiff, he may plead the general issue, and in all other cases, the defendant must briefly plead specially the matter of defense,” the statute of frauds must be pleaded, or it will be considered as waived. — Ritch v. Thornton, 65 Ala. 309; Petty v. Dill, 53 Ala. 641. No plea of the statute of frauds having been…
2Cases cited13 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Petty v. DillSupreme Court of Alabama · 1875
- Heflin v. MiltonSupreme Court of Alabama · 1881
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3Cited by61 opinions
- Alderson v. HoustonCalifornia Supreme Court · 1908
- Burruss v. HinesSupreme Court of Virginia · 1897
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Moses v. AutuonoSupreme Court of Florida · 1908
56 more not listed; retrieve them via the Exa API.