Alabama Court of Appeals, 1921

Drinkard v. Premier Refining Co.

Alabama Court of Appeals · Decided April 5, 1921 · Samford

90 So. 54; 18 Ala. App. 109; 1921 Ala. App. LEXIS 91 (Southern Reporter)

Cases that cite this one

2 later published cases cite this decision.

Frazier v. Dismuke (Ala. Ct. App. 1928)
Garnett v. Scott (Ala. 1922)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SAMFORD, J.

The complaint-was in two counts, claiming for goods sold and delivered and on open count. Neither count was an instrument in writing or verified • account ascertaining the plaintiff’s demands. Code 3970 and 3971, §§ 5356, 5325. And the judgment being by default, without the intervention of a jury, the judgment is reversed and the cause remanded. Rhea v. Holston Salt & P. Co., 59 Ala. 182; Parsons Lbr. Co. v. West Co. et al., 163 Ala. 594, 50 South. 1034.

There are other questions in the record, but we think a decision of them is unnecessary.

Reversed and remanded.

—-T?nr other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

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