Bonds v. Cooke & Wood Const. Co., 6 Div. 832
Decision Date | 11 May 1954 |
Docket Number | 6 Div. 832 |
Citation | 37 Ala.App. 580,72 So.2d 856 |
Court | Alabama Court of Appeals |
Parties | BONDS v. COOKE & WOOD CONST. CO. |
Howard W. Wages, Bessemer, for appellants.
Smyer & Smyer and A. Lamar Reid, Birmingham, for appellee.
This cause of action was for earnest money paid by the plaintiff pursuant to an alleged contract for the sale of realty.
The suit originated in the Intermediate Civil Court of Birmingham. In that court judgment was for the defendant. The plaintiff thereupon perfected his appeal to the Circuit Court of Jefferson County.
In the circuit court the plaintiff amended its complaint by adding court 'A', and withdrew the count upon which the trial was had in the Intermediate Civil Court of Birmingham.
Count 'A' claimed $1,000
No demurrer was filed to the complaint as amended in the circuit court.
Issue was joined on defendants' plea in short by consent.
The trial was had before the court without the intervention of a jury.
At the conclusion of the evidence the court entered a judgment in favor of the plaintiff and assessed its damages at $1,000.
The record on appeal filed in this court is only a record proper, that is no transcription of the evidence is included therein.
The only assignment of error is to the effect that the judgment is contrary to the law and the evidence.
We pretermit consideration of the absolute technical sufficiency of the complaint, for without doubt it contains a substantial cause of action, and this being so the judgment cannot be annulled, arrested, or set aside for any matter not previously objected to. Section 570, Title 7, Code of Alabama 1940. The sufficiency of this complaint was in nowise questioned in the proceedings below. The judgment entered is therefore not...
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