Woodward Iron Co. v. Frazier
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by W. W. Frazier against the Woodward Iron Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by W. W. Frazier against the Woodward Iron Company. From a judgment for plaintiff, defendant appeals. Count B is as follows: Plaintiff claims of defendant $1,000 as damages for that heretofore, to-wit, about November 20, 1911, defendant entered into a contract with plaintiff which was in words and figures as follows: “Woodward, Ala., Nov. 20, 1911. Mr. W. W. Frazier, R. F. D. No. 1, Bessemer, Ala. — Dear Sir: Referring to verbal order given you by R. E. Banister, please enter our order for from one to three car loads of…
1Opinion of the Court
ANDERSON, O. J.—(1) While no great particularity is required as to describing the breach of the contract, the essential facts constituting the breach should be set forth in unequivocal terms, and the breach should be assigned with such certainty and particularity as will apprise the defendant in what particular he has failed to perform. All that is required is that the breach complained of be substantially set forth and substantially proved. — 2 Oyc. 728. While great particularity is not required, yet the general averment of a breach, without giving the nature or character of the breach, will…
2Cases cited2 opinions
- Hart v. BludworthSupreme Court of Alabama · 1873
- Norton v. Allaire-Woodwood & Co.Supreme Court of Alabama · 1914
3Cited by9 opinions
- Tennessee Coal, Iron & Railroad Co. v. SizemoreSupreme Court of Alabama · 1952
- Lambert v. JeffersonSupreme Court of Alabama · 1948
- Public National Life Insurance Co. v. HighsmithCourt of Civil Appeals of Alabama · 1971
- Worthington v. DavisSupreme Court of Alabama · 1922
- Campbell Construction Engineers, Inc. v. Water Works & Sewer Board of Prichard, Alabama, Inc.Court of Civil Appeals of Alabama · 1974
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