Drinkard v. Premier Refining Co.

Alabama Court of Appeals

Drinkard v. Premier Refining Co.

90 So. 54, 18 Ala. App. 109, 1921 Ala. App. LEXIS 91

CourtAlabama Court of Appeals

DecidedApril 5, 1921

Docket8 Div. 724.

StatusPublished

Cited by2 cases

This text of 90 So. 54 (Drinkard v. Premier Refining Co.) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Drinkard v. Premier Refining Co., 90 So. 54, 18 Ala. App. 109, 1921 Ala. App. LEXIS 91 (Ala. Ct. App. 1921).

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Opinion

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.

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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.

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90 So. 54, 18 Ala. App. 109, 1921 Ala. App. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drinkard-v-premier-refining-co-alactapp-1921.

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