Berlin Machine Works v. Marbury Lumber Co.
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Heard before Hon. S. L. Brewer. The complaint is in the following language: “Plaintiff claims of the defendant $875.00, with interest thereon, damages for the breach of an agreement entered into by the defendant on the 15th day of August, 1902, a copy of which is hereto attached, marked ‘Exhibit A/ and made a part hereof.
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Appeal from Autauga Circuit Court. Heard before Hon. S. L. Brewer. The complaint is in the following language: “Plaintiff claims of the defendant $875.00, with interest thereon, damages for the breach of an agreement entered into by the defendant on the 15th day of August, 1902, a copy of which is hereto attached, marked ‘Exhibit A/ and made a part hereof. And the plaintiff says that although it has complied with all its provisions on its part, and has delivered the machinery as required, the defendant has failed to comply xvitli the following provisions thereof, xdz: Though more than 10 days…
1Opinion of the CourtDowdell, J.
This is a suit by the ^plaintiff, the Berlin Machine Works, against the Marbury Lumber Company on a written contract for the price of certain *547machinery sold and delivered. The contract .sued on is set ont in the complaint. The defendant filed five pleas. The first plea, ivas withdrawn, and demurrers were sustained to the second and fifth. Pleas 3 and 4 set up substantially the same defense,, viz., the breach of the warranties attached to the contract sued on because of the failure of the machinery to do the quantity and quality of work therein represented. Demurrers were interposed by the…
2Cited by3 opinions
- Berlin Machine Works v. Ewart L. Co.Supreme Court of Alabama · 1913
- Taylor v. P. B. Yates Machine Co.Supreme Court of Alabama · 1922
- J. A. Fay & Egan Co. v. Roseland Box Co.Supreme Court of Louisiana · 1930