H. Curjel & Co. v. Hallett Mfg. Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. Action by the Hallett Manufacturing Company against H. Curjel & Co. for breach of contract. Judgment for plaintiff, and defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. Action by the Hallett Manufacturing Company against H. Curjel & Co. for breach of contract. Judgment for plaintiff, and defendant appeals. The action was for the breach of the following contract to purchase logs from plaintiff: “The said Hallett Manufacturing Company agrees to sell, and the said H. Curjel & Co. agrees to purchase, 2,500 hickory logs ranging in diameter from 8 to 14 inches, but averaging not more than 12 inches in diameter-, at the price of $42.50 per thousand superficial feet, and to be delivered and…
1Opinion of the CourtSomerville, J.
Without undertaking a detailed discussion of the evidence, we think it was sufficient to justify the jury in finding: (1) That plaintiff was able, ready, and willing to deliver to defendants at the Mobile wharf on January 26, 1914, the first installment of 833 logs, and that defendants wrongfully declined (on January 24th) to receive them at any time, present or future. (2) That on or about February 2d plaintiff actually offered to make the delivery of the first installment, and defendants wrongfully refused to accept it. (3) That on February 23d plaintiff was able, ready, and willing to…
2Cases cited7 opinions
- Halstead Lumber Co. v. MurphySupreme Court of Kansas · 1891
- Wheeler v. ClevelandSupreme Court of Alabama · 1910
- Poirier Manufacturing Co. v. GriffinSupreme Court of Minnesota · 1908
- Louisville Jeans Clothing Co. v. LischkoffSupreme Court of Alabama · 1895
- Cole Motor Car Co. v. TebaultSupreme Court of Alabama · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commonwealth Life Ins. Co. v. HarmonSupreme Court of Alabama · 1934
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Oden-Elliott Lumber Co. v. Daniel-Gaddis Lumber Co.Supreme Court of Alabama · 1923
- Central of Georgia Ry. Co. v. IsbellSupreme Court of Alabama · 1916
- Obrecht v. CrawfordCourt of Appeals of Maryland · 1938
9 more not listed; retrieve them via the Exa API.