STEWART v. SVETLAY

6 Div. 46.

246 So.2d 670 (1971)

L. L. STEWART, Jr., d/b/a Red Stewart Supply Co. v. Margaret Ward SVETLAY, Administratrix of the Estate of V. H. Svetlay, Deceased.

Court of Civil Appeals of Alabama.

April 7, 1971.


Attorney(s) appearing for the Case

Hollis B. Parrish, Jr., Birmingham, for appellant.

C. John Holditch, Birmingham, for appellee.


BRADLEY, Judge.

Margaret W. Svetlay, appellee, as administratrix of the estate of V. H. Svetlay, deceased, originally filed suit on May 4, 1964 against L. L. Stewart, individually, and doing business as Red Stewart Supply Company, appellant, for $4,500.00 due by promissory note made payable on demand to the deceased on November 7, 1960 with interest thereon.

The appellant pleaded the general issue as well as the plea of set-off and recoupment. Thereafter,...

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