Gate City Cotton Mills v. Rosenau Hosiery Mills
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by the Cate City Cotton Milis against the Rosenau Hosiery Mills for the breach of an executory contract for the sale of hosiery yarns. Judgment for plaintiff and on motion of defendant an order was entered granting defendant a new trial. From this order plaintiffs appeal.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by the Cate City Cotton Milis against the Rosenau Hosiery Mills for the breach of an executory contract for the sale of hosiery yarns. Judgment for plaintiff and on motion of defendant an order was entered granting defendant a new trial. From this order plaintiffs appeal. This appeal is taken under section 2846, Code 1896. On the original trial the court did not err in its instructions as to the measure of damages. — Bonifay v. Hassell, 100 Ala. 269; Peek v. Heifner, 136 Ala. 374 1-2 24 A. & E. Ency of Law, 1116;…
1Opinion of the CourtDenson, J.
Gate City Cotton Mills, plaintiff in this action, ivas engaged in manufacturing cotton yarns in the city of Atlanta, Ga., and defendant, Rosenau Hosiery Mills, was engaged in manufacturing hosiery in the city of Tuscaloosa, Ala. On the 31st of August, 1904, defendant purchased of the plaintiff 50,000 pounds of white hosiery yarns, to be shipped to defendant at intervals between September, 1904, and January 1, 1905, as the defendant might designate, and at a fixed price. Nearly 15,000 pounds of the goods were shipped to, accepted by, and paid for by, the defendant, when the defendant, claimed…
2Cases cited4 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Unexcelled Fire-Wks. Co. v. PolitesSupreme Court of Pennsylvania · 1890
- Funke v. AllenNebraska Supreme Court · 1898
- Penn & Co. v. SmithSupreme Court of Alabama · 1890
3Cited by3 opinions
- Hopkinsville Milling Co. v. GwinSupreme Court of Alabama · 1912
- Patterson & Edey Lumber Co. v. DanielsSupreme Court of Alabama · 1921
- Jebeles & Colias Confectionery Co. v. StephensonAlabama Court of Appeals · 1912