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Gulfport Fert. Co. v. Jones

Gulfport Fert. Co. v. Jones. Assumpsit.

Gulfport Fert. Co. v. Jones, 73 So. 148 (Ala. Ct. App. 1916)
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Court
Alabama Court of Appeals · State Appellate Courts
Decided
November 21, 1916
Judges
Pelham
Citations
73 So. 14815 Ala. App. 2661916 Ala. App. LEXIS 180
Disposition
Reversed and remanded.
Headnotes
Assumpsit. Payment; Pleading; Instruction. — Where payment was not specially pleaded, and therefore not made an issue in the case, it was error to give a charge submitting payment as one of the defenses.
Summary
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Assumpsit by the Gulfport Fertilizer Company against Burke Jones, Sr. Judgment for defendant and plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Pelham

PELHAM, P. J.

This case, like the case of Gulfport Fertilizer Co. v. Burke Jones, Jr., 73 South. 145 , submitted at the same time and disposed of at the present term (opinion November 14, 1916), was tried on false issues. The court in this case, as in the case heretofore disposed of by us, authorized a finding in favor of the defendant below (appellee) on evidence, if believed by the jury, going to show a liquidation, or payment, of the debt or demand sued upon. Payment not being pleaded, and not made an issue in the case, this action of the trial court was error. One of the assignments of error presents this question, and a reversal must be ordered. See Gulfport Fertilizer Co. v. Burke Jones, Jr., 73 South. 145 , present term.

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1959: 119592026peak 1959 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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Gulfport Fert. Co. v. Jones, 73 So. 145 (Ala. Ct. App. 1916) 4

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