Scott v. Moragues Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Norvell R. Leigh, Jr., Judge. (Suit by the Moragues Lumber Company, a corporation, against J. M. Scott, for damages for breach of an agreement of charter party. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Mobile County; Norvell R. Leigh, Jr., Judge. (Suit by the Moragues Lumber Company, a corporation, against J. M. Scott, for damages for breach of an agreement of charter party. Judgment for plaintiff, and defendant appeals. Count 2 of the complaint as amended is as follows: The plaintiff claims of the defendant $13,000 as damages from breach of an agreement entered into between the plaintiff and the defendant on the 27th day of June, 1917, consisting of an offer by the defendant that, subject to his buying a certain American vessel, 15 years old, which he was then…
1Opinion of the CourtSayre, J.
This case went to the jury on counts 2 and 3 as last amended. The report of the case will show count 2. Count 3 differed only in its allegation of defendant’s breach, the same being alleged in this count in this language: The defendant wholly failed and refused to furnish said vessel as he had contracted to do. Appellant, against whom judgment was rendered in the trial court, insists that various of its grounds of demurrer to the complaint — counts 1 and 2— should have been sustained.
[1] It is said, in the first place, that the alleged contract between the parties was conditioned upon the…
2Cases cited11 opinions
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- Jones v. LanierSupreme Court of Alabama · 1916
- Dorsey v. PackwoodSupreme Court of the United States · 1852
- Pulliam v. SchimpfSupreme Court of Alabama · 1895
- Long v. AddixSupreme Court of Alabama · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ben Cheeseman Realty Co. v. ThompsonSupreme Court of Alabama · 1927
- Baker v. HowisonSupreme Court of Alabama · 1925
- Hazeltine Corporation v. Zenith Radio CorporationCourt of Appeals for the Seventh Circuit · 1938
- Kleinschmidt v. United StatesDistrict Court, D. Massachusetts · 1956
- Endres v. WarrinerSouth Dakota Supreme Court · 1981
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