Birmingham & Atlantic R. R. v. Maddox & Adams
Supreme Court of Alabama
Assumpsit. Appeal from St. C'lair Circuit Court. Heard before Hon. John W. Inzer. Action by Maddox & Adams against the Birmingham & Atlantic Bailroad Company. Judgment for plaintiff, and defendant appeals. The evidence tended to show that plaintiff shipped from Cropwell, Ala., to O. B. Sims, at Benfroe, Ala., 50,-000 shingles 5x16 inches, deadhead, and that C. B. Sims was the agent of defendant at Benfroe, Ala.
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Assumpsit. Appeal from St. C'lair Circuit Court. Heard before Hon. John W. Inzer. Action by Maddox & Adams against the Birmingham & Atlantic Bailroad Company. Judgment for plaintiff, and defendant appeals. The evidence tended to show that plaintiff shipped from Cropwell, Ala., to O. B. Sims, at Benfroe, Ala., 50,-000 shingles 5x16 inches, deadhead, and that C. B. Sims was the agent of defendant at Benfroe, Ala. The letters forming the contract which is stated in the opinion were written by C. B. Sims, agent B. & A. B. B. Co.; that is, the first letter was so written, while the other letters…
1Opinion of the CourtDowdell, J.
The complaint is on the common counts, except the fourth count. The judgment recites that the fourth count was “stricken by the plaintiff.” Where a contract is performed by one of the contracting parties, and nothing remains to be done by the other but the payment of the contract price in money, a recovery may be had on the common counts. This action is based upon a contract between the parties. The contract was in writing and by correspondence. When the whole correspondence, from the first letter of the defendant to the plaintiff’s inquiring as to price, etc., is considered, which must be…
2Cases cited7 opinions
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1900
- Wilson v. SmithSupreme Court of Alabama · 1895
- Kuhl v. LongSupreme Court of Alabama · 1893
- Succession of KaiserSupreme Court of Louisiana · 1896
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3Cited by3 opinions
- Jackson Lumber Co. v. TrammellSupreme Court of Alabama · 1917
- Southern Railway Co. v. SladeSupreme Court of Alabama · 1915
- Cochran v. StateSupreme Court of Alabama · 1921