JOHN THOMAS MOTORS v. BURNS

7 Div. 162.

57 So.2d 645 (1952)

JOHN THOMAS MOTORS, Inc. v. BURNS.

Court of Appeals of Alabama.

March 13, 1952.


Attorney(s) appearing for the Case

Lusk, Swann & Burns, Gadsden, for appellant.

Roy D. McCord, Gadsden, for appellee.


CARR, Presiding Judge.

In the circuit court plaintiff's cause of action was submitted to the jury on the following count of the complaint:

"The plaintiff claims of the Defendant One hundred and no/100 dollars ($100.00) damages for the breach of an agreement entered into by it on, to-wit, the 22nd day of May, 1950, in substance as follows: For and in consideration of the payment by the Plaintiff of the sum of $24.63, the Defendant agreed and promised to repair...

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