Johnson v. Allen
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. S. IT. Sprott. This action was brought by Allen & Jemison, suing as partners, against Johnson & Thornton as partners, to recover dam- • ages for the breach of a written contract for the sale and delivery of 500 tons of coal; and was commenced on the 13th March, 1883. The contract was dated September 12th, 1882, and was signed by both of the parties; and it contained the following (with other) stipulations:…
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. S. IT. Sprott. This action was brought by Allen & Jemison, suing as partners, against Johnson & Thornton as partners, to recover dam- • ages for the breach of a written contract for the sale and delivery of 500 tons of coal; and was commenced on the 13th March, 1883. The contract was dated September 12th, 1882, and was signed by both of the parties; and it contained the following (with other) stipulations: “The parties of the first part hereby agree to sell to the said Allen & Jemison five hundred (500) tons of run of the…
1Opinion of the Court
CLOPTON. J.
By the contract, for the breach of which this action is brought by appellees, the defendants agreed to, sell to the plaintiffs five hundred tons of coal, at one dollar and a half per ton, to be delivered on the cars at Coaling, as the plaintiffs might order, between September 12, 1882, and March 31,1883; provided that not more than two hundred tons be ordered in any one month, if the defendants find it inconvenient to ship more. There are other stipulations in the contract, which, however, have no bearing upon the question raised by the record. The plaintiffs demanded of the…
2Cases cited6 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Harrison & Robinson v. JohnstonSupreme Court of Alabama · 1855
- Rose's Executors v. BozemanSupreme Court of Alabama · 1868
- Miles v. MillerCourt of Appeals of Kentucky · 1876
- Worthen v. WilmotSupreme Court of Vermont · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Stickney v. MooreSupreme Court of Alabama · 1895
- Buist v. GuiceSupreme Court of Alabama · 1892
24 more not listed; retrieve them via the Exa API.