McFadden & Bro. v. Henderson
Supreme Court of Alabama
Appeal from the. Circuit Court of Pike. Tried before the Hon. John P. I-Itjbbard. Tins was an action brought by the appellant's, George H. McFadden & Bro., against tire appellees to recover $3,000 for the alleged breach of a contract of sale of I, 500 bales of cotton. The defendants pleaded the general issue and several special pleas. To these special pleas demurrers were interposed, which were sustained by the court.
Read the full summary
Appeal from the. Circuit Court of Pike. Tried before the Hon. John P. I-Itjbbard. Tins was an action brought by the appellant's, George H. McFadden & Bro., against tire appellees to recover $3,000 for the alleged breach of a contract of sale of I, 500 bales of cotton. The defendants pleaded the general issue and several special pleas. To these special pleas demurrers were interposed, which were sustained by the court. The cause was tried upon issue joined upon the plea of the general issue. On the trial of the case the evidence disclosed the following facts: The contract for the breach of…
1Opinion of the CourtHaralson, J.
-There is no dispute but that the contract having been made by the agent of plaintiffs, for their benefit, they may sue on it, though their names were not disclosed in the transaction. — Bell v. Reynolds, 78 Ala. 511; City of Huntsville v. H. Gas Co., 70 Ala. 191.
When the terms and conditions of a contract are certain, its construction is a question for the court and not for the jury. — Barnhill v. Howard, 104 Ala. 412; Foley v. Felrath, 98 Ala. 176.
In construing contracts, courts lean to that construction which will make them unconditional rather than *230conditional, unless it be shown to have…
2Cases cited19 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Johnson v. AllenSupreme Court of Alabama · 1884
- Cotton v. CottonSupreme Court of Alabama · 1883
- Foley v. FelrathSupreme Court of Alabama · 1893
14 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Air Conditioning Engineers, Inc. v. SmallSupreme Court of Alabama · 1953
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
49 more not listed; retrieve them via the Exa API.