Craig & Co. v. Pierson L. Co.
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Assumpsit by the Pierson Lumber Company against George F. Craig & Company. Judgment for plaintiff' and defendant appeals.
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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Assumpsit by the Pierson Lumber Company against George F. Craig & Company. Judgment for plaintiff' and defendant appeals. The suit was instituted and served February 19, 1907. Plea 7 was filed February 18, 1911. It sets out the contract alleged to have been made between the parties, and alleges a failure to perform on the part of the lumber company, and damages arising from the failure to perform, which are offered to be recouped aaginst the sum claimed, with judgment over for the excess. The plaintiff filed motion to strike the…
1Opinion of the CourtSomerville, J.
Plaintiff sued to recover the purchase price of lumber sold and delivered to-defend*538ant. The defense was that plaintiff failed to deliver to defendant the greater part of the lumber stipulated for in the written contract mutually entered into, whereby defendant was compelled to go into the market and purchase such lumber at prices considerably in excess of the contract price, to his damage in a sum in excess of the amount sued for. The assignments of error are based on the action of the court in striking from the file defendant’s plea No. 7, and in giving several written charges at the…
2Cases cited19 opinions
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Craig & Co. v. Pierson Lumber Co.Supreme Court of Alabama · 1910
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- Talladega Mercantile Co. v. McDonaldSupreme Court of Alabama · 1892
- United States Rolling Stock Co. v. WeirSupreme Court of Alabama · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rohn v. StateSupreme Court of Alabama · 1914
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Massachusetts Mut. L. I. Co. v. CrenshawSupreme Court of Alabama · 1915
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
12 more not listed; retrieve them via the Exa API.