M'Gehee v. Hill
Supreme Court of Alabama
In error to the Circuit Court of Montgomery. This was an action of trespass on the case, by Hill, upon the following'agreement, viz : “Alabama, Montgomery.
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In error to the Circuit Court of Montgomery. This was an action of trespass on the case, by Hill, upon the following'agreement, viz : “Alabama, Montgomery. Articles of agreement, entered into between William W.-Hill, of the one part, and Abner M’Gehee, of the other part, witness-eth, that said M’Gehee doth hereby obligate himself to deliver said Hill, at his stables, in the town of Montgomery, five thousand bushels of good merchantable corn, and fifty thousand weight of good fodder, as early next fall as the same will be dry enough to house — unavoidable accidents only excepted. Said Hill…
1Opinion of the CourtHitchcock, C. J.
— Several of the questions presented by this record, depend upon the construction of the articles of agreement sued upon.
By them, the defendant below bound himself “ to deliver to the plaintiff, at his stable, in Montgomery, 5000 bushels of corn, and 50,000 lbs. of fodder, as early next fall as the same will be dry enough to house, unavoidable accidents only excepted, and the plaintiff bound himself, on the delivery of said corn, to pay 50 cents per bushel, and $1 25 per hundred for fodder.”
1. One of the defences, for the non-delivery of the corn and fodder, and which brings up the question…
2Cited by15 opinions
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- Vincent v. RogersSupreme Court of Alabama · 1857
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Jones v. AndersonSupreme Court of Alabama · 1886
- Moss v. KingSupreme Court of Alabama · 1914
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