Gravette v. Allen Graphite Co.
Alabama Court of Appeals
Appeal from Olay County Court. Hear,d before Hon. E. J. Garrison. Action by T. B. Gravette against Tbe Allen Graphite Company, for breach of contract. From a judgment for defendant on bis plea in abatement, plaintiff appeals. Tbe court erred in rendering judgment on tbe plea in abatement in favor of tbe defendant.
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Appeal from Olay County Court. Hear,d before Hon. E. J. Garrison. Action by T. B. Gravette against Tbe Allen Graphite Company, for breach of contract. From a judgment for defendant on bis plea in abatement, plaintiff appeals. Tbe court erred in rendering judgment on tbe plea in abatement in favor of tbe defendant. At tbe end of each month a cause of action arose upon a breach of either of tbe contracts. — Cornelius v. Hatchett, 55 Ala. 548; S. & N. R. R. Go. v. Honline, 56 Ala. 368; Strauss v. Mertief, 64 Ala. 299; Ryall v. Peace, 82 Ala. 264; C. M. & B. R. R. Go. v. Robertson■, 109 Ala. 296;…
1Opinion of the CourtWalker, P. J.
This is an action to recover damages resulting from the breach of a contract entered into on or about the 1st day of March, 1909, under which the plaintiff was to haul for. the defendant, for the remainder of that year, all the coal and graphite to be hauled to and for the defendant’s graphite mines, other than what should be hauled by two teams belonging to the defendant, the contract naming the price to be paid, and stipulating for monthly payments tó be made on the regular pay days of the defendant, which were the fifth day of each month. The complaint alleged that, though the plaintiff,…
2Cases cited7 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Davis v. PrestonSupreme Court of Alabama · 1844
- Ryall v. PrinceSupreme Court of Alabama · 1886
- Callan v. AndersonSupreme Court of Alabama · 1901
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3Cited by4 opinions
- McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
- Nash v. NashAlabama Court of Appeals · 1956
- Mason v. MasonAlabama Court of Appeals · 1912
- Luce v. MinardSupreme Court of Vermont · 1913