Buist v. Guice
Supreme Court of Alabama
Appeal from tbe Circuit Court of Barbour. Tried before tbe Hon. J. M. CARMICHAEL. Tbe facts are sufficiently stated in tbe opinion. Tbe court, of its own motion, charged tbe jury, that if they found for tbe plaintiff, “tbe measure of damages would be tbe difference between tbe contract price of tbe article contracted for and its market value at Eufaula, Alabama, at tbe time it should bave been delivered by tbe terms of tbe contract.”
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Appeal from tbe Circuit Court of Barbour. Tried before tbe Hon. J. M. CARMICHAEL. Tbe facts are sufficiently stated in tbe opinion. Tbe court, of its own motion, charged tbe jury, that if they found for tbe plaintiff, “tbe measure of damages would be tbe difference between tbe contract price of tbe article contracted for and its market value at Eufaula, Alabama, at tbe time it should bave been delivered by tbe terms of tbe contract.” Tbe defendant duly excepted to tbis portion of tbe charge. 1. The court should bave excluded tbe evidence as to tbe acts and declarations of tbe purported agent,…
1Opinion of the CourtThorington, J.
Appellee sued to recover of appellant damages for tbe alleged breach of a contract by which tbe latter agreed to sell tbe former two hundred and fifty barrels of Irish potatoes, to .be divided in two shipments of one hundred and twenty-five barrels, each, on the 1st and 15th of January, 1891, respectively, all to be shipped to ap-pellee at Eufaula, Alabama.
*257Tbe order for tbe potatoes was given to one Yanderbilt, wbo represented liimself at tbe time to be tbe agent of appellant. Tbe order showing tbe number of barrels sold, tbe price per barrel, cash, and tlie time and place for delivery, was…
2Cases cited13 opinions
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Johnson v. AllenSupreme Court of Alabama · 1884
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
- National Mechanics' Bank v. National BankCourt of Appeals of Maryland · 1872
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3Cited by15 opinions
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- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Union Naval Stores Co. v. PughSupreme Court of Alabama · 1908
- Byars v. JamesSupreme Court of Alabama · 1922
- Langham v. JacksonSupreme Court of Alabama · 1924
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