Byrd v. Beall
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearoe. Action by W. W. Beall against R. W. Byrd. From a judgment for plaintiff, defendant appeals. This was an action upon a contract the terms of which- ace sufficiently set out in the opinion of the court.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearoe. Action by W. W. Beall against R. W. Byrd. From a judgment for plaintiff, defendant appeals. This was an action upon a contract the terms of which- ace sufficiently set out in the opinion of the court. The assignments of error are that the court erred in overruling defendant’s objection to the following question, propounded to plaintiff: “State whether or not, at the time of the lumber transaction between you and Epperson Lumber Company, and out of which this suit sprung, and prior thereto, there was prevailing in this section…
1Opinion of the CourtSimpson, J.
This suit was brought by the appellee (piaintiff) against the appellant (defendant), claiming damages for the breach of an agreement by which, in consideration of certain property transferred to him ,the defendant had agreed to deliver to plaintiff all of the output of a certain lumber company, in which agreement it was stated that “count and inspéction of all lumber at the point of destination” was guarantied by said defendant. The case was really tried on the common counts, the contract was in evidence, and the *125only point in controversy is as to tlie correctness of the ruling of the court…
2Cases cited9 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Turner v. DawsonIllinois Supreme Court · 1869
- West, Oliver & Co. v. BallSupreme Court of Alabama · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hudson v. Cincinnati, New Orleans & Texas Pacific RailwayCourt of Appeals of Kentucky · 1913
- Arrant v. Georgia Casualty Co.Supreme Court of Alabama · 1924
- Middleton v. Western Union Telegraph Co.Supreme Court of Alabama · 1916
- Austin v. BeallSupreme Court of Alabama · 1910
- Cole Motor Car Co. v. TebaultSupreme Court of Alabama · 1916
3 more not listed; retrieve them via the Exa API.