Hopkinsville Milling Co. v. Gwin
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. -Wm. M. Walker. Action by the Hopkinsville Milling Company against J. C. B. Gwin and others, as partners doing business under the firm name and style of the Bessemer Grocery Company,- for breach of contract. Judgment for defendants, and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. -Wm. M. Walker. Action by the Hopkinsville Milling Company against J. C. B. Gwin and others, as partners doing business under the firm name and style of the Bessemer Grocery Company,- for breach of contract. Judgment for defendants, and plaintiff appeals. The following is a copy of the contract: “No.-. Date, 8/26/10. Hopkinsville Milling .Co., of-, sell, and-, of-, buy at Hopkinsville, Ky., the following articles: Ship to Bessemer Grocery Co., at Bessemer, Ala. Ship via-. Date of shipment, buyer’s option. Terms, -. No. barrels, 1,000.…
1Opinion of the CourtMayfield, J.
This action is by the vendor against the vendee to recover damages for breach of a contract for the sale of 1,000 barrels of flour.
The evidence of the contract of sale is in the form of a printed order blank used by the plaintiff in its business, which the reporter will set out in full. Upon the back of this order is printed fixed conditions. The face of the order contains blanks to be filled in with data descriptive of the particular contract of sale, such as dates and places of sales and deliveries, brands, amounts, and grades of flour sold, character of packages — whether in barrels or…
2Cases cited7 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- McAllister-Coman Co. v. MatthewsSupreme Court of Alabama · 1910
- Davis v. AdamsSupreme Court of Alabama · 1850
- Southern Cotton-Oil Co. v. HeflinCourt of Appeals for the Fifth Circuit · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Gwin v. Hopkinsville Milling Co.Supreme Court of Alabama · 1914
- Central of Georgia Ry. Co. v. IsbellSupreme Court of Alabama · 1916
- Caddick Milling Co. v. Moultrie Grocery Co.Court of Appeals of Georgia · 1918
- Russell Miller Milling Co. v. BastaschOregon Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.