Arnold & Co. v. Jones, Cotton Co.
Supreme Court of Alabama
Action for Breach of Contract. Appeal from Morgan Circuit Court. Heard, before Hon. D. W. Speake. Assumpsit by J. H. Arnold & Co., against tbe Jones Cotton Company, for tbe breach of a mutual contract, relative to tbe purchase of cotton, in a certain district. From a judgment for defendant plaintiff appeals.
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Action for Breach of Contract. Appeal from Morgan Circuit Court. Heard, before Hon. D. W. Speake. Assumpsit by J. H. Arnold & Co., against tbe Jones Cotton Company, for tbe breach of a mutual contract, relative to tbe purchase of cotton, in a certain district. From a judgment for defendant plaintiff appeals. If tbe contract is valid no evasion of it will be tolerated. — 3 A. & E. Ency. of Law, 885. Contracts in total restraint of trade are void, but where tbe restraint is -partial, reasonable and founded upon a good consideration, it is valid and will be enforced. — 3 Ency. of Law, 883. What…
1Opinion of the CourtSimpson, J.
The action in this case was by the appellant against the appellee, to recover for the breach of a contract, and the assignments relate to the sustaining of demurrers to the complaint. The provisions of the contract, as alleged, were that the defendant agreed to pay to the plaintiff one-sixteenth of a cent per pound on all cotton purchased by the defendant in a certain region of Alabama, called the “Sand Mountain, Attalla & Gadsden District,” the consideration being that the plaintiff was to pay to the defendant one-sixteenth of a cent per pound on all cotton purchased by the plaintiff .in the…
2Cases cited12 opinions
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- More v. BennettIllinois Supreme Court · 1892
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