Priebe v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Assumpsit by H. Priebe against the Southern Railway Company. Judgment for defendant and plaintiff appeals. Transferred from Court of Appeals.
1Opinion of the CourtSayre, J.
We understand count 2, of appellant’s original complaint .to be a count in special assumpsit intending a recovery for appellee’s breach of its promise to refund payments made by appellant on account of freight charges on certain shipments of meal. Demurrer to this count was sustained, and the ruling is assigned for error.
The theory of appellant’s case, as appeared in the further progress of the trial, was that appellee, having transported corn (whether by interstate or intrastate shipments does not appear in the count) to appellant’s mill under an agreement for a “milling in transit”…
2Cases cited14 opinions
- United States v. MillerSupreme Court of the United States · 1912
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
- Vaughn v. StateSupreme Court of Alabama · 1900
- Engle v. PattersonSupreme Court of Alabama · 1910
- Laster v. BlackwellSupreme Court of Alabama · 1900
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3Cited by10 opinions
- Schillinger v. WickershamSupreme Court of Alabama · 1917
- Herrmann v. Mobile CountySupreme Court of Alabama · 1918
- Webb v. FrenchSupreme Court of Alabama · 1932
- City of Mobile v. Board of Revenue and Road Com'rsSupreme Court of Alabama · 1929
- Wilbanks v. MitchellSupreme Court of Alabama · 1940
5 more not listed; retrieve them via the Exa API.