Walsh Mfg. Co. v. W. T. Smith Lumber Co.
Supreme Court of Alabama
Appeal from Butler Circuit Court. Heard before Hon. A. E. Gamble. Assumpsit by the Walsh Manufacturing Company against the W. T. Smith Lumber Company. Judgment for defendant, and plaintiff appeals.
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Appeal from Butler Circuit Court. Heard before Hon. A. E. Gamble. Assumpsit by the Walsh Manufacturing Company against the W. T. Smith Lumber Company. Judgment for defendant, and plaintiff appeals. The following charges were given at defendant’s request: (3) The court instructs the jury that if they believe from the evidence that defendant made two tests of plaintiff’s circulating fan strictly under the direction of plaintiff, and after each test gave written notice to plaintiff of the failure of the kiln to give the results guaranteed by plaintiff in said agreement, and that after such…
1Opinion of the CourtMcclellan, J.
This is the second appeal in the progress of this litigation.—Walse Mfg. Co. (plaintiff) v. W. T. Smith Lumber Co. (defendant), 178 Ala. 472, 59 South. 455. On that appeal the principal question considered was, whether a provision of the contract for the sale of machinery or apparatus for drying green lumber imposed, in an event or events, a penalty for a breach of provisions of the contract, or served to liquidate in advance the damages for a breach. The question was not decided, the six members of the court participating in its consideration being equally divided thereon. An opinion…
2Cases cited1 opinion
- Walshe Mfg. Co. v. W. T. Smith Lumber Co.Supreme Court of Alabama · 1912
3Cited by3 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Standard Tilton Milling Co. v. TooleSupreme Court of Alabama · 1931
- Cortner v. Anderson, Clayton & Co.Supreme Court of Alabama · 1932