72 So. 23 | Ala. | 1916
Practically every question presented.on this appeal was settled adversely to appellant’s contention upon former appeal (187 Ala. 41, 65 South. 518), with perhaps the exception as to the plaintiff’s right to recover under counts A and B, brought in the case by amendment at the last trial, and which were not considered upon the former appeal; the question being merely alluded to in a general way. These amended counts A and B, proceed upon the theory of a promise by the defendant to pay a fixed sum, in settlement of a dispute or controversy between the plaintiff and defendant, but neither of said counts aver that the defendant was due the plaintiff anything upon the matter or transaction out of which the controversy arose, or any other facts showing that the controversy was supported by a valuable consideration.
The judgment of the city court is affirmed.
Affirmed.