Marengo Abstract Co. v. Hooper & Co.
Supreme Court of Alabama
Appeal from Marengo Law and. Equity Court. Heard'before Hon. Edward J. Gilder. Action by tbe firm of C. W. Hooper & Co. against the Marengo Abstract Company for breach of contract. Judgment for plaintiff, and defendant appeals.
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Appeal from Marengo Law and. Equity Court. Heard'before Hon. Edward J. Gilder. Action by tbe firm of C. W. Hooper & Co. against the Marengo Abstract Company for breach of contract. Judgment for plaintiff, and defendant appeals. The contract set out in the complaint is as follows: “Selma, Ala., May 25, 1909. We hereby confirm sale made for our account by C. W. Hooper & Co., of Selma, Ala., of 100 square bales of cotton, to average between 500 pounds and 525 pounds per bale at 10% cents per pound, basis middling; Selma Cotton Exchange difference prevailing at time of delivery. We hereby agree…
1Opinion of the Court
McCLELLAN, -J.
It is ■ doubtless well at this .time to note,that this appeal is from a judgment expressing rulings on demurrers to pleadings in an action at law, *503and that the appeal is justified by the act creating the law and equity court of Marengo county. — Acts Sp. Sess. 1909, pp. 339, 356, § 26.
The presumption is that contracts are valid. Courts will not presume that parties to a contract intended to violate the law; and the legal intendment is to construe contracts to uphold, not to defeat them, if that may be done consistently with the expressed intent of the parties. — Culver v.…
2Cases cited19 opinions
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Hawley v. BibbSupreme Court of Alabama · 1881
- National Bank v. NorthSupreme Court of Pennsylvania · 1894
- Curtis v. . GokeyNew York Court of Appeals · 1877
- Boulware v. DavisSupreme Court of Alabama · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Jim Walter Homes, Inc. v. PhiferSupreme Court of Alabama · 1983
- Farmers & Ginners Cotton Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1940
- Federated Guaranty Life Ins. Co. v. PainterSupreme Court of Alabama · 1978
- Daniels v. JohnsonSupreme Court of Alabama · 1989
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