Walshe Mfg. Co. v. W. T. Smith Lumber Co.
Supreme Court of Alabama
Appeal from Butler Circuit Court. Heard before Hon. A. E. Gamble. Action by the Walshe Manufacturing Company against the W. T. Smith Lumber Company. From a judgment for defendant, plaintiff appeals.
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Appeal from Butler Circuit Court. Heard before Hon. A. E. Gamble. Action by the Walshe Manufacturing Company against the W. T. Smith Lumber Company. From a judgment for defendant, plaintiff appeals. Count 1 is as follows: “Plaintiff claims of defendant the sum of $1,750 as damages for the breach of an agreement in writing, made and entered into by and between the plaintiff and defendant on, to wit, the 1st day of October, 1908, which said agreement is in words and figures as follows, to wit: ‘Proposal. From the Walshe Manufacturing Company, Pittsburg, Penn., October 1, 1908, to the W. T.…
1Opinion of the Court
SAYRE, J
In count 1 of the complaint, appellant sought to recover of appellee the agreed purchase price of a dry kiln apparatus// Count 2 may be laid out of *480view. [ In counts 3, 4, and 5 appellant sought damages for alleged breaches of a contract by which plaintiff was to sell to defendant the apparatus with a certain guaranty as to its efficiency; defendant undertaking on its part to observe certain conditions in testing the kiln and in returning it to plaintiff, if it proved less efficient than the plaintiff guaranteed it would. ^ The contract was in writing, and is set out at length in each…
2Cases cited8 opinions
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Kelso v. Reid, Pennsylvania Court of Common Pleas, Beaver County1892
- Smith v. BergengrenMassachusetts Supreme Judicial Court · 1891
- Stratton v. FikeSupreme Court of Alabama · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- City of Tuscaloosa v. FittsSupreme Court of Alabama · 1923
- Standard Tilton Milling Co. v. TooleSupreme Court of Alabama · 1931
- Cortner v. Anderson, Clayton & Co.Supreme Court of Alabama · 1932
2 more not listed; retrieve them via the Exa API.