Florence Wagon Works v. Kalamazoo Spring & Axle Co.
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Heard before Hon. E. B. Almon. The defendant interposed a number of grounds of demurrer which practically raised the same question, namely, that the complaint failed to show that plaintiff delivered, or offered to deliver, the articles described in the complaint. The demurrers were overruled, and the plea of the general issue was filed. There was a judgment for plaintiff and defendant appeals. The facts sufficiently appear in the opinion.
1Opinion of the CourtTyson, J.
This action is for the breach of a written contract entered into between the parties for the sale of five thousand sets of wagon seat springs.
The complaint contains two counts presenting the cause of action in substantially the same way. It is averred in substance that, by the terms of the contract, the plaintiff agreed to sell and the defendant agreed to buy not less than five thousand sets of wagon seat springs at and for the price of fifty-five cents per pair, f. o. b., the cars at sellers’ factory, Kalamazoo, Michigan. The contract was executed on the 4th day of December, 1899, and was to…
2Cited by2 opinions
- Scruggs & Echols v. RiddleSupreme Court of Alabama · 1910
- Home Guano Co. v. International Agr. CoprporationSupreme Court of Alabama · 1919