Manchester Sawmills Co. v. A. L. Arundel Co.
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by the A. L. Arundel Company against the Manchester Sawmills Company for the price of goods sold. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals. The action is on the common count for the price of merchandise and two special counts for breach of a contract by which defendant purchased of plaintiff 55 gallons of “Belt Life” at $2.50 per gallon.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by the A. L. Arundel Company against the Manchester Sawmills Company for the price of goods sold. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals. The action is on the common count for the price of merchandise and two special counts for breach of a contract by which defendant purchased of plaintiff 55 gallons of “Belt Life” at $2.50 per gallon. The contract is expressed by defendant’s written order to plaintiff, and contains the following provision: “This order is given and accepted…
1Opinion of the CourtSomerville, J.
The proper construction of the contract sued on will determine most of the questions presented by the special pleas and demurrers, and also by the instructions refused to defendant.(1) Defendant’s theory of the contract is that the provisions for a free demonstration of the belt life, and that defendant’s acceptance of the goods should be subject to defendant’s approval, so qualified the other provisions of the contract that defendant never became liable until it approved the demonstration as satisfactory, and, further, that defendant was under no obligation to test the satisfactory quality…
2Cases cited1 opinion
- Montgomery County v. PruettSupreme Court of Alabama · 1911
3Cited by10 opinions
- City of Fairhope v. Town of DaphneSupreme Court of Alabama · 1968
- Caldwell v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1921
- A. P. Carrico Son v. J. E. Duval Printing Co.Supreme Court of Alabama · 1929
- Benson & Co. v. ForemanSupreme Court of Alabama · 1941
- Dicon, Inc. v. Great Atlantic & Pac. Tea Co.Supreme Court of Alabama · 1980
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