OSBORN v. POINTER

7 Div. 635.

128 So.2d 530 (1961)

Johnny M. OSBORN v. Ford POINTER.

Court of Appeals of Alabama.

March 28, 1961.


Attorney(s) appearing for the Case

Pilcher & Floyd, Gadsden, for appellant.

Rowan S. Bone, Gadsden, for appellee.


HARWOOD, Presiding Judge.

This was a suit on the common count claiming $650 due by account.

The pleading was in short by consent, etc.

At the beginning of the trial below the attorney for the defendant announced that the defense would be "not indebted," and that the plaintiff's claim was based on an illegal consideration.

In his own behalf the plaintiff testified that on 11 May 1959, at the defendant's request he had cashed five checks for...

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