Turnipseed v. Burton
Alabama Court of Appeals
Appeal from Bullock Circuit Court. Heard before Hou. M. Sollib. Assumpsit by W. B. Burton against D. C. Turnipseed. Judgment for plaintiff and defendant appeals.
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Appeal from Bullock Circuit Court. Heard before Hou. M. Sollib. Assumpsit by W. B. Burton against D. C. Turnipseed. Judgment for plaintiff and defendant appeals. The second count does not state a cause of action, and will not support a judgment even though there was no demurrer to the count, and hence, the court erred in giving the affirmative charge as to the count. — St. Clair County v. Smith, 112. Ala. 347; L. & N. v. Williams, 113 Ala. 402; Jordwi v. N. C. & St. L., 131 Ala. 220; Kelly v. Burke, 132 Ala. 235. Even if it had stated a cause of action, the evidence is in conflict, and hence,…
1Opinion of the Court
de GRAFFENRIED, J.
1. The defendant, D. C. Turnipseed, is a peach grower, and resides at Peachburg, Ala. He has a large peach orchard near Peachburg, and ships his peaches to various markets. Some time in March 1909, he made a contract with the Georgia Fruit Package Company, of Ft. Valley, Ga., which is a corporation and manufactures and sells crates to be used in the shipment of peaches, by which contract the said company agreed to sell and deliver to him at Peachburg all the “six-basket crates” that he might need for the shipment of his peaches during that season. It is not necessary for us…
2Cases cited5 opinions
- Kelly v. BurkeSupreme Court of Alabama · 1902
- St. Clair County v. SmithSupreme Court of Alabama · 1895
- O'Neal v. SimontonSupreme Court of Alabama · 1895
- Burton Lumber Co. v. WilderSupreme Court of Alabama · 1895
- Cobb v. BryantSupreme Court of Alabama · 1888
3Cited by10 opinions
- Aspinwall v. GowensSupreme Court of Alabama · 1981
- American Tie & Timber Co. v. Naylor Lumber Co.Supreme Court of Alabama · 1914
- Louisville & Nashville Railroad v. MasonAlabama Court of Appeals · 1912
- Morgan v. EmbryAlabama Court of Appeals · 1919
- American Bankers' Ins. Co. v. O'NealAlabama Court of Appeals · 1933
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