Woodstock Iron Co. v. Reed & Partlow
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried before Hon. L F. Box. The appellees Beed & Partlow, sued the Woodstock Iron Company, appellant, for breach of an oral contract. Beed & Partlow were to convert wood into charcoal and furnish the same to the Iron Co. at $5.75 per hundred bushels, of which sum the Iron Co. was to retain $1.50 for the expense of cutting and cording the wood, A large quantity of wood had been cut and corded, when the same was destroyed by fire.
Read the full summary
Appeal from Calhoun Circuit Court. Tried before Hon. L F. Box. The appellees Beed & Partlow, sued the Woodstock Iron Company, appellant, for breach of an oral contract. Beed & Partlow were to convert wood into charcoal and furnish the same to the Iron Co. at $5.75 per hundred bushels, of which sum the Iron Co. was to retain $1.50 for the expense of cutting and cording the wood, A large quantity of wood had been cut and corded, when the same was destroyed by fire. The timber was owned by the Iron Co. There was conflicting evidence as to who was to pay for the cutting and cording of the same,…
1Opinion of the Court
CLOPTON, J.-
— The contract between the plaintiffs and defendant rested in parol, and it was competent to prove the terms of such agreement by oral evidence. No rule of evidence was thereby offended. It was not the statement of a conclusion, or of the legal effect of the contract, but of facts, the terms agreed on by the parties. If the opposite party desired to test the accuracy or credibility of the testimony, *495or to sIioav tlie true nature of the contract, what was said and dono by each party could have been drawn out on cross examination. The credibility and sufficiency of. the evidence…
2Cases cited5 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1859
- Anderson v. Snow & Co.Supreme Court of Alabama · 1846
- Betts v. BadgerNew York Supreme Court · 1815
- Woodstock Iron Co. v. ReedSupreme Court of Alabama · 1886
3Cited by8 opinions
- Alabama Power Company v. TatumSupreme Court of Alabama · 1975
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Pigg v. Houston & LiggettCourt of Appeals of Tennessee · 1928
- Hood v. Disston & SonsSupreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.