Black Diamond Coal Mining Co. v. Jones Coal Co.
Supreme Court of Alabama
Appeal from Circuit Court, Walker County ; T. L. Sowell, Judge. Action by the Black Diamond Coal Mining 'Company against the Jones Coal Company for breach of contract to deliver coal. Judgment for the defendant, and the plaintiff appeals.
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Appeal from Circuit Court, Walker County ; T. L. Sowell, Judge. Action by the Black Diamond Coal Mining 'Company against the Jones Coal Company for breach of contract to deliver coal. Judgment for the defendant, and the plaintiff appeals. The court erred in directing a verdict for the defendant, for it is not necessary under the facts in this case that the agent of the ■corporation should have had written authority to execute the contract. 202 Ala. 552, 81 South. 54; 84 Ala. 570, 3 South. 286, 5 Am. St. Rep. 401; 109 Ala. 645, 20 South. 333; 202 Ala. 562, 81 South. 64. The contract was…
1Opinion of the CourtSayre, J.
Plaintiff, appellant, sued defendant for damages, alleging the breach of a contract by which the defendant had agreed to deliver coal to the plaintiff. The contract is stated in greater detail in 200 Ala. 276, 76 South. 42. It was in writing and signed for defendant thus: “Jones Coal Company, by M. Aaron.” This contract was by its terms not to be performed within one year, and the trial court gave the general affirmative charge for defendant, on the ground, apparently, that there was no evidence that Aaron had been lawfully authorized in writing to execute the contract in the name of the…
2Cases cited7 opinions
- Moss v. . AverellNew York Court of Appeals · 1853
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
- Standifer v. SwannSupreme Court of Alabama · 1884
- Martin Machine Works v. MillerSupreme Court of Alabama · 1902
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3Cited by1 opinion
- Wilma Corp. v. Fleming Foods of AlabamaSupreme Court of Alabama · 1993