Baskett Lbr. & Mfg. Co. v. Gravlee
Alabama Court of Appeals
Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Action by C. M. Gravlee and another against the Baskett Lumber & Manufacturing Company, for breach of a guaranty. Judgment for plaintiffs and defendant appeals.
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Appeal from Fayette Circuit Court. Heard before Hon. Bernard Harwood. Action by C. M. Gravlee and another against the Baskett Lumber & Manufacturing Company, for breach of a guaranty. Judgment for plaintiffs and defendant appeals. The complaint alleges a contract between J. P. Daniel and plaintiffs for the sale of cértain timber therein described, upon certain lands therein described, together with all necessary rights, including all necessary rights of way for roads, tramroads, and all rights of way for all spurs for the removal of said timber, or any other timber owned by them. Said Daniel…
1Opinion of the Court
BROWN, J. —
It is conceded that the relation of appellant to the transaction out of which this litigation arises is that of guarantor. The point in controversy between the parties is as to when appellant’s liability became fixed, if at all. One of appellant’s contentions is that liability under the guaranty is not fixed short of the exhaustion of all legal remedies against the principal, and another is that appellant was entitled to reasonable notice of the default of the principal. On the other hand, appellee contends that the guaranty is absolute and appellant’s liability became fixed upon…
2Cases cited19 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Fuller v. WhitlockSupreme Court of Alabama · 1892
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- Donley v. CampSupreme Court of Alabama · 1853
- Walker v. ForbesSupreme Court of Alabama · 1854
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3Cited by4 opinions
- Ehl v. J. R. Watkins Medical Co.Supreme Court of Alabama · 1927
- O'Neal v. PeadenSupreme Court of Alabama · 1933
- S. E. Webb & Co. v. RileyAlabama Court of Appeals · 1918
- Davis v. DavisCourt of Civil Appeals of Alabama · 2017