Public-domain · open source
OpenJurist

2 Ala. App. 305

Rawls v. Matthews

Alabama Court of Appeals

Decided November 16, 1911

Alabama Court of Appeals · decided 1911-11-16

Heard before Hou. H. A. Pearce. Action by Mrs. C. A. Mathews against J. ■ Rawls. Judgment for plaintiff, and defendant appeals. The complaint is as follows: “Plaintiff claims of the defendant the sum of $175 for rent of one storehouse and lot in the town of Enterprise for the months of February, March, April, May,- June, July, and August, 1908.

Reversed and remanded · Decided 1911-11-16

WALKER, J. J.

¶1We are of opinion that the complaint in this case is subject to the demurrer which was interposed to it. It undertakes to charge the defendant with liability on a contract for the rent of a storehouse. Its averment that “the storehouse and lot were rented to the Enterprise Jewelry Company” would be sustained by proof of a contract to that effect entered into under that name by some person, firm, or corporation other than the defendant. The subsequent averment that the defendant “did a jewelry business in said premises under the name and style of the Enterprise Jewelry Company” does not identify the defendant as the maker of the contract previously alleged, as that averment could be sustained by proof that the defendant so did business in the storehouse after it had been rented by another party under the name mentioned. The complaint does not show that the defendant was a party to or liablé on the contract counted on.

¶2Reversed and remanded.

/2/alaapp/305 · .json · Public domain