Perryman v. Wolffe
Supreme Court of Alabama
Action hj Purchaser for Breach of Contract on Sale of Stock. Appeal from the Circuit Court of Jefferson. Tried before the ITon. James B. Head. This action was brought by E. D. Wolffe against W. EjBerryman, to recover damages for the breach of a special contract for the sale by defendant to plaintiff of fifty shares of stock in the South Anniston Land Company, which he failed to deliver on demand within the stipulated time.
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Action hj Purchaser for Breach of Contract on Sale of Stock. Appeal from the Circuit Court of Jefferson. Tried before the ITon. James B. Head. This action was brought by E. D. Wolffe against W. EjBerryman, to recover damages for the breach of a special contract for the sale by defendant to plaintiff of fifty shares of stock in the South Anniston Land Company, which he failed to deliver on demand within the stipulated time. A trial by jury being waived, the court rendered judgment for the plaintiff, for $418.50; and this judgment, to which the defendant excepted, is here assigned as error.
1Opinion of the CourtClopton, J.
— We concur in the court’s finding of the facts. . The great preponderance of the evidence shows, that defendant sold plaintiff fifty shares of the capital stock of the South Anniston Land Company, in October, 1888, at eleven dollars per share, to be delivered at the expiration of twelve months from the making of the contract, with seller’s option to deliver at any time during that period. The principles governing such contracts are too well settled lo require discussion. When the parties agree at the time of making the contract, or the intent is, that no property shall pass, or any delivery…
2Cases cited2 opinions
- Hawley v. BibbSupreme Court of Alabama · 1881
- Wall v. SchneiderWisconsin Supreme Court · 1884
3Cited by7 opinions
- Baker v. Lehman, Weil & Co.Supreme Court of Alabama · 1914
- Allen v. Caldwell, Ward & Co.Supreme Court of Alabama · 1906
- Birmingham Trust & Savings Co. v. CurreySupreme Court of Alabama · 1911
- Marengo Abstract Co. v. Hooper & Co.Supreme Court of Alabama · 1911
- Fenner Beane v. PhillipsSupreme Court of Alabama · 1930
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