NALL v. BLAND LUMBER CO.

4 Div. 144.

49 So.2d 228 (1950)

NALL v. BLAND LUMBER CO.

Court of Appeals of Alabama.

November 21, 1950.


Attorney(s) appearing for the Case

Jas. H. Caldwell, of Phenix City, for appellant.

Patterson & Patterson, of Phenix City, for appellee.


HARWOOD, Judge.

In one count the plaintiffs claimed of the defendant the sum of $547.67 "due by and on an instrument in writing, under seal, made and executed by the defendant on April 1, 1944 and due and payable on demand, and demand being made" etc.

The defendant filed a plea of the general issue, and a special plea asserting that the instrument used on was not a demand note, but was a conditional sale contract.

The instrument which is the basis...

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