McCleskey & Whitman v. Howell Cotton Co.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by the Howell Cotton Company against Mc-Cleskey & Whitman. From a judgment for plaintiff, defendant appeals. This is an action to recover damages for the breach of an executory contract.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by the Howell Cotton Company against Mc-Cleskey & Whitman. From a judgment for plaintiff, defendant appeals. This is an action to recover damages for the breach of an executory contract. The complaint is in the folloiving language: “Count 1. The plaintiff claims of the defendants $250 as damages for the breach of a contract for the sale of 200 bales of cotton by defendants to plaintiff on the______day of January, 1904, by which defendants offered to sell to plaintiff 200 bales of cotton at 13 1-4 cents per pound,…
1Opinion of the CourtTyson, J.
This action is for the recovery of damages for breach of an executory contract entered into by and between plaintiff and defendants whereby the latter agreed to sell and deliver to the «former 200 bales of cotton at an agreed price per pound. The complaint contains 4 counts.
A number of grounds of demurrer were interposed to each of them. The first of these insisted on is, that there is no averment of demand by plaintiff upon defendants to deliver the cotton. Each of the counts contain an averment of the refusal of the defendants to deliver the cotton and a readiness and willingness on the…
2Cases cited8 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Trevor v. . WoodNew York Court of Appeals · 1867
- Koch v. StateSupreme Court of Alabama · 1896
- Ferguson v. HullIndiana Supreme Court · 1894
- Worth v. . StewartSupreme Court of North Carolina · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cooley v. StateSupreme Court of Alabama · 1936
- Patterson v. HallTexas Supreme Court · 1968
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Moynes v. StateCourt of Civil Appeals of Alabama · 1989
- Foster v. Kwik Chek Super Markets, Inc.Supreme Court of Alabama · 1969
6 more not listed; retrieve them via the Exa API.