Manier & Co. v. Appling
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This action was commenced on August 19, 1895, and was brought by the appellee, I. W. Appling, against the appellants, Manier & Co., to recover damages for the breach of an agreement alleged to have been entered into by the plaintiff and the defendants. The complaint contained two counts, the allegations of which as to the agreement sued upon, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This action was commenced on August 19, 1895, and was brought by the appellee, I. W. Appling, against the appellants, Manier & Co., to recover damages for the breach of an agreement alleged to have been entered into by the plaintiff and the defendants. The complaint contained two counts, the allegations of which as to the agreement sued upon, are sufficiently stated in the opinion. Each of these counts of the complaint were demurred to upon the ground, among others, that they did not sufficiently set forth the…
1Opinion of the CourtBrickell, C. J.
The complaint contains two counts. The first alleges an agreement made by the defendants to sell and deliver to the plaintiff at a specified place, “a lot of shoes, to-wit, 865 pairs, for which plaintiff promised to pay, which said lot of shoes defendants failed to sell and deliver.” The second count alleges an agreement by which the defendants ‘ ‘promised to sell to plaintiff a lot of merchandise, consisting of '865 pairs of shoes, for which plaintiff promised to pay, which said lot of merchandise defendants failed to sell.” The defendants demurred to the entire complaint and to each *667count,…
2Cited by19 opinions
- Bauman v. McManusSupreme Court of Kansas · 1907
- Brady v. GreenSupreme Court of Alabama · 1909
- Courtney Shoe Co. v. E. W. Curd & SonCourt of Appeals of Kentucky · 1911
- International Filter Co. v. Conroe Gin, Ice & Light Co.Texas Commission of Appeals · 1925
- Van Kauren v. Boomer & Boschert Press Co.Appellate Division of the Supreme Court of the State of New York · 1911
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