SAVAGE v. NADLER, 28 Ala. App. 212 (1938)
182 So. 80
7 Div. 349.Court of Appeals of Alabama.
April 5, 1938.Rehearing Denied May 10, 1938.
Appeal from Circuit Court, Etowah County; J. H. Disque, Jr., Judge.
Action on a joint contract by H. J. Savage (Christopher Machine Shop) against J. Nadler and another. Judgment for defendants, and plaintiff appeals.
Affirmed.
Certiorari denied by Supreme Court in Savage, etc., v. Nadler et al., 236 Ala. 268, 182 So. 80.
Culli Swann, of Gadsden, for appellant.
Inzer, Davis Martin, of Gadsden, for appellees.
RICE, Judge.
This appeal is from a judgment in favor of appellees in a suit brought against them, on an alleged joint contract, by appellant.
The case was tried by the court, sitting without a jury. The rules of review are too well known to need re-statement.
The pleas were “in short by consent.” We are not sure that we understand, exactly, what is meant by that; but the issues that were litigated are simple and not difficult of comprehension from the record.
Appellees denied any joint contract; and claimed that all amounts due appellant by Mrs. Leak had been paid.
The evidence was in conflict; and we see no occasion to overturn the judgment rendered.
It is affirmed.
Affirmed.