Georgia Pine Lumber Co. v. Central Lumber & Timber Co.
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Be-rney. Assumpsit by tbe Central Lumber & Timber Company against the Georgia Pine & Lumber Company. Judgment for plaintiff and defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Be-rney. Assumpsit by tbe Central Lumber & Timber Company against the Georgia Pine & Lumber Company. Judgment for plaintiff and defendant appeals. Under the-facts in this case, indebitatus assumpsit will not lie. — Mamcell v. Moore, 163 Ala. 490; Smith v. Sharpe, 162 Ala. 433; Papot v. Howard*, 154 Ala. 310; Garlón O. Go. v. Cunningham, 153 Ala. 5-73; Martin v. Massey, 127 Ala. 504; Haas v. Iron Works, 88 Ala. 323. It is insisted that by a failure to pay wharfage charges as agreed, the contract was not complete, and recovery…
1Opinion of the CourtPelham, J.
This action was brought by the appellee against the appellant in the court below on the com*213mon counts in assumpsit, and was tried by tbe court without a jury. It appears from the finding of the court and the evidence set out, upon which the finding was m,ade, that the recovery was on the third count for goods, Avares, and merchandise sold,"etc. The defendant pleaded the general issue and several special pleas setting up various breaches of the contract under which the goods Avere to be delivered, and claiming certain sums for such breaches, which it offered in said pleas to set off against…
2Cases cited4 opinions
- Martin v. MassieSupreme Court of Alabama · 1900
- Hunt v. TestSupreme Court of Alabama · 1845
- Darden v. JamesSupreme Court of Alabama · 1872
- Beadle v. Graham's Adm'rSupreme Court of Alabama · 1880
3Cited by3 opinions
- Montgomery County v. New Farley Nat. BankSupreme Court of Alabama · 1917
- Ollinger & Bruce Dry Dock Co. v. James Gibbony & Co.Supreme Court of Alabama · 1918
- Republic Steel Corporation v. GilbertAlabama Court of Appeals · 1955