Sibley v. Barclay
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by J. W. Barclay against John W, Sibley for breach of contract. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charges were refused to defendant: (3) The court charges the jury that if they believe from the evidence that the market value of the stock was par in December, 1911, then plaintiff cannot recover more than nominal damages of defendant in this ease.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by J. W. Barclay against John W, Sibley for breach of contract. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charges were refused to defendant: (3) The court charges the jury that if they believe from the evidence that the market value of the stock was par in December, 1911, then plaintiff cannot recover more than nominal damages of defendant in this ease. (11) The court charges the jury that, if they believe from the evidence that the money which it paid to plaintiff in…
1Opinion of the Court
BROWN, J.(1) The fifth count of the complaint, after stating the legal effect of the contract to be that, in consideration of plaintiff’s purchasing five shares of stock of the Sibley-Minge Brick & Coal Company from defendant at his request and paying therefor, defendant agreed that if plaintiff desired to sell the stock at its par value in December following the defendant would purchase the same from plaintiff at its par value, avers four *424breaches of the contract, numbered them consecutively 1, 2, 3, and 4. As we construe .the averments, the first, second, and fourth breaches are in…
2Cases cited7 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Nave v. BerrySupreme Court of Alabama · 1853
- Nesbitt v. McGeheeSupreme Court of Alabama · 1855
- Louisville & Nashville Railroad v. DuncanSupreme Court of Alabama · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mutual Loan Soc., Inc. v. StoweAlabama Court of Appeals · 1916
- Worthington v. DavisSupreme Court of Alabama · 1922
- Clarice-Washington Electric Membership Corp. v. Alabama Power Co.Supreme Court of Alabama · 1961
- Davis v. Lime Cola Bottling WorksAlabama Court of Appeals · 1922
- Lenoir v. BurnsSupreme Court of Alabama · 1931
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