May Hosiery Mills v. Munford Cotton Mills
Supreme Court of Alabama
Appeal from Circuit Court, Talladega County^; A. B. Foster, Judge. Action by the May Hosiery Mills against the Munford Cotton Mills for damages for breach of contract. Judgment for defendant, and plaintiff appeals. The action is for the recovery of $2,000 damages for the breach of a contract by which plaintiff purchased from the defendant 30,000 pounds of cotton yarn which defendant agreed to deliver to plaintiff and which it failed and refused to do.
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Appeal from Circuit Court, Talladega County^; A. B. Foster, Judge. Action by the May Hosiery Mills against the Munford Cotton Mills for damages for breach of contract. Judgment for defendant, and plaintiff appeals. The action is for the recovery of $2,000 damages for the breach of a contract by which plaintiff purchased from the defendant 30,000 pounds of cotton yarn which defendant agreed to deliver to plaintiff and which it failed and refused to do. Besides the plea of the general issue and several other special pleas, the defendant pleaded in> set-off a counterclaim for $2,500 for breach…
1Opinion of the CourtSomerville, J.
[1] The verdict of the jury was limited 'to a finding for defendant on its plea of set-off. The pleas of set-off admitted the validity of the contract sued on by plaintiff, and admitted defendant’s liability to answer for the damage proximately resulting from its breach of that contract, as charged in the complaint. Grisham v. Bodman, 111 Ala. 194, 199, 20 South. 514; St. Louis, etc., Co. v. McPeters, 124 Ala. 451, 455, 27 South. 518.
[2] This verdict was therefore, in legal effect, a finding for plaintiff on the cause of action declared on in the complaint; and a finding also for defendant on…
2Cases cited7 opinions
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Johnson v. AllenSupreme Court of Alabama · 1884
- Long v. AddixSupreme Court of Alabama · 1913
- St. Louis & Tennessee River Packet Co. v. McPetersSupreme Court of Alabama · 1899
- Whitsett v. BelueSupreme Court of Alabama · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bell, Rogers & Zemurray Bros. v. JenkinsSupreme Court of Alabama · 1930
- Stewart v. BurginSupreme Court of Alabama · 1929
- Donald W. Lyle, Inc. v. Heidner & Co.Washington Supreme Court · 1954
- Cofield v. StateAlabama Court of Appeals · 1961
- McKinney v. BakerSupreme Court of Alabama · 1925
2 more not listed; retrieve them via the Exa API.