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LOVEMAN, JOSEPH & LOEB, INC. v. ROGERS

6 Div. 442.

96 So.2d 691 (1957)

LOVEMAN, JOSEPH & LOEB, Inc. v. Mrs. H. C. ROGERS.

Court of Appeals of Alabama.

August 13, 1957.

Attorney(s) appearing for the Case

Manly & Manly, Birmingham, for appellant.

Geo. S. Brown, Birmingham, for appellee.

HARWOOD, Presiding Judge.

Suit below was on account. The case was heard before the court without a jury, and on an agreed statement of facts. At the conclusion of the proceedings the court entered a judgment for the defendant.

The plaintiff's motion for a new trial being overruled, an appeal was perfected to this court.

The stipulated facts material to this appeal were as follows:

"In 1950 a charge...

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