Elmore, Quillian & Co. v. Parrish Bros.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pear.ce. Action by Elmore, Quillian & Company against Parrish Brothers, for the breach of two executory contracts for the sale of cotton. Judgment for the defendant on demurrer to the complaint, and plaintiff appeals.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pear.ce. Action by Elmore, Quillian & Company against Parrish Brothers, for the breach of two executory contracts for the sale of cotton. Judgment for the defendant on demurrer to the complaint, and plaintiff appeals. It was entirely competent for the'parties to contract with reference to the weights of bales of cotton as may be shown by the usage and custom of the country, and it was not necessary to the' validity of the contract that the weight of the cotton should have been named in it. — Barlow . v. Lambert, 2.8 .Ala. 7.04; M. & E.…
1Opinion of the CourtSayre, J.
This is an action for tbe breach of two several executory contracts for tbe sale and purchase of 100 bales of cotton. In two counts tbe contracts are set out in baec verba. In other two they are alleged according to their supposed legal effect. Touching tbe points in controversy, the language of those. counts ■which set out tbe contracts in verbis is repeated in those counts which set them out according to their supposed legal effect, so that identical questions are raised *502by tbe two types of count. In counts 1 and 3 the allegation is that the contract vas for the sum of, to quote, “one…
2Cases cited4 opinions
- Howard v. East Tenn., Va. & Ga. RailroadSupreme Court of Alabama · 1890
- Pulliam v. SchimpfSupreme Court of Alabama · 1895
- Erwin v. ErwinSupreme Court of Alabama · 1854
- Holst & Co. v. HarmonSupreme Court of Alabama · 1898
3Cited by34 opinions
- Cowin v. SalmonSupreme Court of Alabama · 1943
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Jones v. LanierSupreme Court of Alabama · 1916
- Port City Construction Co., Inc. v. HendersonCourt of Civil Appeals of Alabama · 1972
- J. H. Arnold & Co. v. GibsonSupreme Court of Alabama · 1927
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