Anniston Lime & Coal Co. v. Lewis
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This was an action brought by the appellee, G. W. Lewis, against the appellant, the Anniston Lime & Coal Co., to recover $318.81, alleged to be due by the defendant to the xilaintiff for barrel heads and barrel staves sold and delivered by the plaintiff to the defendant.
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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This was an action brought by the appellee, G. W. Lewis, against the appellant, the Anniston Lime & Coal Co., to recover $318.81, alleged to be due by the defendant to the xilaintiff for barrel heads and barrel staves sold and delivered by the plaintiff to the defendant. The defendant pleaded, first, a denial of the allegations of the complaint, second, that the debt for which the suit was brought had been paid, and the following special pleas : (3.) “For further answer the defendant says that the defendant is…
1Opinion of the CourtHaralson, J.
1. The plaintiff being examined in his own behalf, on written interrogatories, was asked : “If you say you sold the Anniston Lime & Coal Company staves and barrel heads, state the representations you made to them, as near as you can recollect, as to the kind and quality of such articles? What was the quality and condition of any such staves or barrel heads? Were they or not split, broken, mildewed, rotten and worthless?” This proof was sought to disprove the facts set up in defendant’s 3d special plea, and the interrogatories were not objected to. The plaintiff replied, that he represented…
2Cases cited4 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Allison v. LittleSupreme Court of Alabama · 1890
- Foster v. RodgersSupreme Court of Alabama · 1855
- Johnson v. WestSupreme Court of Alabama · 1869