Fulenwider v. Rowan
Supreme Court of Alabama
Appeal from City Court of Anniston. Tried before the ITon. Thos. W. Coleman, Jr. The appeal in this case is from a judgment of the trial court sustaining demurrers interposed by the defendant to the plaintiff’s complaint. ' The action was brought by the appellant, A. L. Fulen-wider, against the appellees, to recover damages for the alleged breach of .a contract entered into between the plaintiff and the defendant. The complaint originally filed contained four counts.
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Appeal from City Court of Anniston. Tried before the ITon. Thos. W. Coleman, Jr. The appeal in this case is from a judgment of the trial court sustaining demurrers interposed by the defendant to the plaintiff’s complaint. ' The action was brought by the appellant, A. L. Fulen-wider, against the appellees, to recover damages for the alleged breach of .a contract entered into between the plaintiff and the defendant. The complaint originally filed contained four counts. The demurrers to the first, second and fourth counts were overruled, and therefore, for the purpose of this appeal, it is…
1Opinion of the CourtHaralson, J.
1. The real question in this case is the proper construction of the two contracts between the parties, one of the 15th June, 1900, and the other of *303July 17th, 1900, in which latter the former contract is referred to.
The defendant’s contention is, that the one of June 15th was a mere option, and that the later one, of July 17th, was in effect a mere extension of the time for the exercise of the option in the first, to twelve months'from the latter date. Their counsel say in brief: “We contend, however, that by the express terms of that contract, the condition of payment is a condition…
2Cases cited10 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1900
- Howard v. East Tenn., Va. & Ga. RailroadSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
- Lowery v. PetersonSupreme Court of Alabama · 1883
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3Cited by25 opinions
- Keogh v. PeckIllinois Supreme Court · 1925
- Lowery v. MaySupreme Court of Alabama · 1925
- Cowin v. SalmonSupreme Court of Alabama · 1943
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Alcazar Amusement Co. v. Mudd & Colley Amusement Co.Supreme Court of Alabama · 1920
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