Alabama Chemical Co. v. Geiss
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action brought, on the 16th day of April, 1901, by Joseph Geiss, doing business as the Alabama Lumber Company, appellee, against the Alabama Chemical Company, appellant, for $1,133.18 and interest, price of lumber and' building material sold on the 1st day of January, 1901, by plaintiff: to defendant.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action brought, on the 16th day of April, 1901, by Joseph Geiss, doing business as the Alabama Lumber Company, appellee, against the Alabama Chemical Company, appellant, for $1,133.18 and interest, price of lumber and' building material sold on the 1st day of January, 1901, by plaintiff: to defendant. The defendant pleaded the general issue and a special plea of set-off, in substance, as follows: That, at the time of the bringing of the action, plaintiff was indebted to defendant in the snm of $2,000.00,…
1Opinion of the CourtSimpson, J.
The damages set forth in the plea of defendant in this case are speculative and too remote. The decisions of this Court have settled the proposition that, for the breach of a contract to sell and deliver personal property, the measure of damages is the difference between the agreed price and the price at which similar property could be purchased in the market, and that losses, sustained by the purchaser, by reason of his failure to realize profits on contracts which he entered into on the faith of receiving the personal property bought, are too remote, conjectural and speculative to be…
2Cases cited5 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Booher v. GoldsboroughIndiana Supreme Court · 1873
- Watson v. Kirby & SonsSupreme Court of Alabama · 1895
- Nichols v. RaschSupreme Court of Alabama · 1903
3Cited by15 opinions
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Southern Railway Co. v. MoodySupreme Court of Alabama · 1910
- Green & Sons v. Lineville Drug Co.Supreme Court of Alabama · 1907
- Wilson v. WigginWest Virginia Supreme Court · 1915
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