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DOBBS v. MASHBURN

7 Div. 114.

54 So.2d 772 (1951)

DOBBS v. MASHBURN.

Supreme Court of Alabama.

October 18, 1951.

Attorney(s) appearing for the Case

Scott & Dawson and Max J. Howard, all of Fort Payne, for appellant.

W. M. Beck, Fort Payne, for appellee.

BROWN, Justice.

This appeal is by the defendant from a judgment in an action of assumpsit rendered on the verdict of the jury.

The complaint contains three counts. Counts one and two are in general assumpsit on account and for money had and received. There is no contention here that these counts are not sufficient. Count three is special assumpsit for the breach of the provisions of a contract. Demurrers filed by the defendant were directed to this

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