Borden & Co. v. Vinegar Bend Lumber Co.
Alabama Court of Appeals
Heard before Hon. Samuel Browne. Assumpsit by N. B. Borden & Co. against tlie Vinegar Bend Lumber Co. There was judgment for plaintiff and from a judgment granting the defendant a new trial, plaintiff appeals.
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Heard before Hon. Samuel Browne. Assumpsit by N. B. Borden & Co. against tlie Vinegar Bend Lumber Co. There was judgment for plaintiff and from a judgment granting the defendant a new trial, plaintiff appeals. The expression f. o. b. vessel meant delivery on the vessel without charge to appellant. — Elliott v. Howison, 146 Ala. 568; Nash v. Towne, 5 Wall. 689. It was necessary for appellant to obtain the lumber elsewhere, and it was its duty to do so. as cheaply and expeditiously as it could and hold appellee responsible for any excess over the contract price and such reasonable and'…
1Opinion of the CourtPelham, J.
Appellant in the court below recovered a judgment against appellee, and on the motion of the appellee the trial court set aside the judgment and ordered a new trial. The judgment of the circuit court in setting aside the verdict and granting a new trial is. here assigned as error.
The grounds of appellee’s motion for a. new trial were,,, in effect, that the judgment was excessive, contrary to-law, and contrary to the evidence.
*356A careful examination of the evidence set out in the hill of exceptions does not lead us to the conclusion that it so plainly and palpably supports the verdict set aside…
2Cases cited6 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Lawrence v. PorterCourt of Appeals for the Sixth Circuit · 1894
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Halstead v. ShepardSupreme Court of Alabama · 1853
- Smith v. Tombigbee & Northern Ry. Co.Supreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- J. W. Denio Milling Co. v. MalinWyoming Supreme Court · 1917
- Union Cemetery Co. v. AlexanderAlabama Court of Appeals · 1915
- Borden & Co. v. Vinegar Bend Lumber Co.Alabama Court of Appeals · 1913
- Abercrombie v. GoodeSupreme Court of Alabama · 1914
- Turner v. HartsellAlabama Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.