BLYTHE v. EMBRY

5 Div. 385.

61 So.2d 142 (1952)

BLYTHE v. EMBRY.

Court of Appeals of Alabama.

October 28, 1952.


Attorney(s) appearing for the Case

Richard H. Cocke, Alexander City, for appellant.

Tom F. Young, Alexander City, for appellee.


HARWOOD, Judge.

The complaint below was in the common counts. The defendant entered a plea of general issue in short by consent. The jury returned a verdict in plaintiff's favor and fixed his damages at $400. Defendant's motion for a new trial being overruled an appeal was perfected to this court.

The plaintiff testified that he and defendant had entered into an oral contract whereby plaintiff was to do certain grading on some land owned by the defendant....

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