BOOTH v. S. AND H. LABORATORIES

8 Div. 198.

105 So.2d 879 (1958)

J. P. BOOTH, d/b/a Booth Feed and Farm Supply, v. S. AND H. LABORATORIES, Inc.

Court of Appeals of Alabama.

October 7, 1958.


Attorney(s) appearing for the Case

Grady J. Long, Hartselle, for appellant.

Merrill W. Doss, Hartselle, for appellee.


HARWOOD, Presiding Judge.

In the suit below the plaintiff claimed of defendant monies due by account.

The defendant filed a plea of nul tiel corporation, and other pleadings. The pleading aspect is immaterial to this review however, and we will omit discussion.

At the conclusion of the evidence the court gave to the jury the plaintiff's written request for the affirmative charge, with hypothesis.

Despite this instruction the jury returned a...

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