Gulf States Creosoting Co. v. Jones

BROWN, Justice.

Special assumpsit by the appellee against appellant for breach of a dependent covenant or agreement wherein the plaintiff agreed to manufacture and deliver to the defendant cross-ties at Hollins, Alabama, of certain specifications and at an agreed price. Counts H, X and Y of the complaint on which the case was submitted to the jury substantially follow Form 9, prescribed by § 9531 of the Code 1923, for complaints “on a dependent covenant or agreement,” and they were not subject to the stated grounds of demurrer, which were overruled without error. Davis v. Badders & Britt, 95…