Dowling-Martin Grocery Co. v. J. C. Lysle Milling Co.
Supreme Court of Alabama
Appeal from Circuit Court, Houston County ; H. A. Peajjce, Judge. Action for breach of contract begun by attachment by the Dowling-Martin Grocery Company against the J. C. Lysle Milling Company. From judgment sustaining demurrers to the complaint, plaintiff appeals. The following telegrams and letters are directed to be set out; “Jan. 4, 1917. The J. O. Lysle Milling Company, Leavenworth, Kansas. Wire quick best price White Crest. “Dowling-Martin Grocery Company.”
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Appeal from Circuit Court, Houston County ; H. A. Peajjce, Judge. Action for breach of contract begun by attachment by the Dowling-Martin Grocery Company against the J. C. Lysle Milling Company. From judgment sustaining demurrers to the complaint, plaintiff appeals. The following telegrams and letters are directed to be set out; “Jan. 4, 1917. The J. O. Lysle Milling Company, Leavenworth, Kansas. Wire quick best price White Crest. “Dowling-Martin Grocery Company.” Telegram: “Jan. 4, 1917. Dowling-Martin Grocery Co., Ozark, Ala.. Quote White Crest $10.80 basis cotton delivered. J. C. Lysle…
1Opinion of the CourtThomas, J.
On the trial demurrer was sustained to the complaint, plaintiff declined to plead further, and defendant had judgment final.
Directing attention to the ruling on demurrer, it is pertinent to observe that DowlingMartin Grocery Company sued J. C. Lysle Milling Company to recover damages for the breach of an executory contract in which the former purchased of the latter certain flour, to be delivered on orders or shipping directions. The contract, made on January 8, 1917, is set out in some counts, and its legal effect is averred in others. B. R., L. & P. Co. v. Littleton, 77 South. 565. The…
2Cases cited33 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Waterman v. BanksSupreme Court of the United States · 1892
- Taylor v. LongworthSupreme Court of the United States · 1840
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
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