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WATERS v. WEINTRAUB

6 Div. 121.

52 So.2d 510 (1951)

WATERS et al. v. WEINTRAUB.

Supreme Court of Alabama.

May 10, 1951.

Attorney(s) appearing for the Case

Wm. S. Pritchard, Victor H. Smith and Pritchard & McCall, all of Birmingham, for appellants.

Berkowitz, Fleisher & Miller, Birmingham, for appellees.

STAKELY, Justice.

This is a suit brought by Max Weintraub (appellee) against N. H. Waters and Anna Lois Waters individually and as partners doing business under the firm name of Waters Theater Company (appellants). The complaint consists of five counts. The first two counts are for breach of an alleged contract in writing made between the plaintiff and the defendants. The last three counts are the common counts for money had and received, for money paid and on account...

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