Christian & Craft Grocery Co. v. Bienville Water Supply Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. This was a suit in the court of chancery of Mobile county, commenced by the appellant against the appellee, seeking to enforce the specific performance of an alleged contract to furnish water as the motive power to run a grist mill for appellant for three years, and longer at appellant’s option, and to enjoin the defendant from abandoning the alleged contract.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. William H. Tayloe. This was a suit in the court of chancery of Mobile county, commenced by the appellant against the appellee, seeking to enforce the specific performance of an alleged contract to furnish water as the motive power to run a grist mill for appellant for three years, and longer at appellant’s option, and to enjoin the defendant from abandoning the alleged contract. The contract was made with Craft & Co., and the complainant, the Christian & Craft Grocery Co., was the successor, in business of Craft & Co. The…
1Opinion of the CourtColeman, J.
— The paramount question in the case is the proper construction of the contract between the parties. It is as follows :
“Mobile, Ala. July 15, 1890.
“This contract made and entered into the day and year .first above written between John H. Turner, Supt., and the Bienville Water Supply Co. of the first part, and Messrs. Craft & Co. (grocers), of the second part, all of • the city of Mobile, Ala.
“The said parties of the first part agree to furnish the said parties of the second part the Bienville Water for the term of three years or longer, at the option of the said Craft & Co., or their…
2Cases cited4 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Ross v. ParksSupreme Court of Alabama · 1890
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Wailes v. HowisonSupreme Court of Alabama · 1890
3Cited by3 opinions
- Gordon v. DoranSupreme Court of Minnesota · 1907
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- Bessemer Theaters, Inc. v. City of BessemerSupreme Court of Alabama · 1945