Peck-Hammond Co. v. Heifner
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before tb.e Hon. A. I). Sayre. The appellant, the Peck-Hammond Company, brought the present action against the appellee, F. P. Heifner, to recover $246.32, as damages for the breach of a contract entered into by and between the plaintiff and the defendant by which the plaintiff was to furnish and put in place for the defendant a warm air heating apparatus. The defendant pleaded the general issue and a special plea.
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Appeal from the City Court of Montgomery. Tried before tb.e Hon. A. I). Sayre. The appellant, the Peck-Hammond Company, brought the present action against the appellee, F. P. Heifner, to recover $246.32, as damages for the breach of a contract entered into by and between the plaintiff and the defendant by which the plaintiff was to furnish and put in place for the defendant a warm air heating apparatus. The defendant pleaded the general issue and a special plea. The facts of the case necessary to an understanding of the decision on the present appeál are sufficiently stated in the opinion.…
1Opinion of the Court
MoOLELLAN, O. J.
— The Peck-Hammond Company, of the one part, and F. P. Heifner, of the other,, entered into an unconditional contract by the terms of which the former was to furnish and put in place a warm air heating apparatus in a house which the latter was under contract to build for a third party, and the latter was to pay therefor the sum of five hundred and thirty dob lars. This contract without cause therefor on the part of the Peck-Hammond Company was repudiated by Heif-ner and its performance by the former was thereby prevented, though the company was at all times ready, able and…
2Cases cited5 opinions
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Danforth v. Tenn. & Coosa RailroadSupreme Court of Alabama · 1890
- George v. Cahawba & Marion Rail RoadSupreme Court of Alabama · 1845
- Ramey v. HolcombeSupreme Court of Alabama · 1852
- Bonifay v. HassellSupreme Court of Alabama · 1893
3Cited by5 opinions
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Cunningham v. LoweryCourt of Civil Appeals of Alabama · 1970
- Whiting v. DoddAlabama Court of Appeals · 1957
- Anderson & Co. v. BrammerAlabama Court of Appeals · 1912
- Turner v. AffeldtNorth Dakota Supreme Court · 1916