Mathews Hardware Co. v. Allied Sales Corporation

• Decision Date: 26 June 1923
• Docket Number: 6 Div. 89.
• Citation: 19 Ala.App. 303,97 So. 166
• Parties: MATHEWS HARDWARE CO. v. ALLIED SALES CORPORATION.
• Court: Alabama Court of Appeals

97 So. 166

19 Ala.App. 303

MATHEWS HARDWARE CO. v. ALLIED SALES CORPORATION.

6 Div. 89.

Court of Appeals of Alabama

June 26, 1923

Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge.

Action in assumpsit by the Mathews Hardware Company against the Allied Sales Corporation. From a judgment for defendant, plaintiff appeals. Affirmed.

Monette & Taylor, of Birmingham, for appellant.

Livingston & Smith, of Tuscaloosa, for appellee.

SAMFORD, J.

This cause was tried before the judge sitting without a jury. After hearing the evidence, judgment was entered for defendant. The bill of exceptions fails to state that it contains all of the evidence, and, in fact, it affirmatively appears that copy of two orders given Hooks Lumber Company on January 5 and 6, 1921, for shipment to Missouri Valley Bridge & Iron Company attached to answers of defendant to the seventh interrogatory and introduced in evidence by plaintiff, are not in the record. this being the case we cannot review the conclusions of fact arrived at by the trial judge. Gulf State Steel Co. v. Comstock, 17 Ala. App. 430, 85 So. 305; Prude v. Thompson & Thompson, 201 Ala. 595, 79 So. 21. This is the only question necessary to a decision.

The judgment is affirmed.

Affirmed.