Mayrant & Co. v. Marston, Brown & Co.
Supreme Court of Alabama
Bill in Equity for Settlement of Partnership Accounts. Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. This was a bill filed by Marston, Brown & Co., against Mayrant & Co., and the material averments were that each of said firms were engaged in the business of compressing and shipping cotton in the city of Mobile, each having steam presses in operation, and instead of competing with each other, they entered into an agreement on the 22d of November, 1875, by…
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Bill in Equity for Settlement of Partnership Accounts. Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. This was a bill filed by Marston, Brown & Co., against Mayrant & Co., and the material averments were that each of said firms were engaged in the business of compressing and shipping cotton in the city of Mobile, each having steam presses in operation, and instead of competing with each other, they entered into an agreement on the 22d of November, 1875, by which it was stipulated, that “ each firm ” should be “allowed to enjoy, without division, all the benefits derived from…
1Opinion of the Court
STONE, J.-
— It is contended for appellant that the written contract signed by the two firms, bearing date November 22d, 1875, does not express the whole agreement, but that there was an additional stipulation by Marston, Brown & Co., to allow B. W. Mayrant & Co. to use an idle compress controlled by the former, in the event that the latter broke down, or got out of working order. We think this position untenable, for two reasons : First, the proof fails to convince us there was such agreement; second, where parties reduce their contract to writing, all prior negotiations not carried into the…
2Cases cited3 opinions
- Winston v. BrowningSupreme Court of Alabama · 1878
- Meaher v. Cox, Brainard & Co.Supreme Court of Alabama · 1861
- Smith's v. GarthSupreme Court of Alabama · 1858
3Cited by9 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- Orr, Jackson & Co. v. PerryAlabama Court of Appeals · 1919
- Pulliam v. SchimpfSupreme Court of Alabama · 1893
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