Sheffield Furnace Co. v. Hull Coal & Coke Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. James B. Head. This action was brought by the appellee corporation against the appellant corporation, to recover damages for the alleged breach of a contract, for the sale of a large quantity of coke.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. James B. Head. This action was brought by the appellee corporation against the appellant corporation, to recover damages for the alleged breach of a contract, for the sale of a large quantity of coke. The contract, which is the basis of this suit, and which was set out in the complaint, is copied at length in the opinion; and the defenses which the defendant interposed by several different pleas are sufficiently stated in the opinion. Upon the examination of Alfred H. Moses as a witness, after testifying, in reference to the…
1Opinion of the CourtMcCLELLAN, J.
On August 30, 1887, the Hull Coal & Coke Company and the Sheffield Furnace Company executed the following writing: ‘ ‘ Hull Coal & Coke Company sell to Sheffield Furnace Company, and Sheffield Furnace Company buy from Hull Coal & Coke Company 3,900 cars Flat Top Coke at $5.10 per net ton (2,000 lbs.) f. o. b. cars Sheffield, Ala., provided Hull Coal & Coke Co. are able to induce the operators to build ovens, and make coke for 3,700 cars of the above amount. Sellers agree to furnish 200 cars of the above amount between September 20th and November 1st, 1887. On October 1st sellers are to advise…
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