-
In a suit upon a contract for damages for its breach, there can be no recovery except in pursuance of its terms. Thomas v. Smoot,
2 Ala. App. 407 ,56 So. 1 . Where none of the terms of the contract sued upon are given, manifestly no recovery could be had. It follows that count 3 of appellee's complaint stated no cause of action, and the demurrers thereto should have been sustained.Count 4 of the complaint was subject to the first, second, third, and fourth grounds of appellant's demurrers, and the trial court erred in not so ruling. Code 1923, § 8034; Thompson v. New South Coal Co.,
135 Ala. 630 ,634 ,34 So. 31 , 62 L.R.A. 551, 93 Am. St. Rep. 49.For the errors pointed out, the judgment is reversed, and the cause remanded.
Reversed and remanded.
Document Info
Docket Number: 4 Div. 370.
Citation Numbers: 116 So. 311, 22 Ala. App. 402
Judges: RICE, J.
Filed Date: 3/27/1928
Precedential Status: Precedential
Modified Date: 1/11/2023