Lowy v. Rosengrant
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. Samuel B. Browne. Assumpsit by George M. Rosengrant against Max Lowy and another. From a judgment for plaintiff, defendants appeal. The first, second, and third counts sufficiently appear.
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Appeal from Mobile City Court. Heard before Hon. Samuel B. Browne. Assumpsit by George M. Rosengrant against Max Lowy and another. From a judgment for plaintiff, defendants appeal. The first, second, and third counts sufficiently appear. The fourth count is as follows: Plaintiff claims of defendant the further sum of $7,000 for that, on the 30th day of April, 1914, plaintiff and defendants entered into a contract by which the plaintiff undertook to sell and defendants undertook to buy, a large quantity of red oak French claret staves, .and a further large quantity of white oak French claret…
1Opinion of the Court
THOMAS, J.:
The annellee. George M. Rosengrant, sued appellants, Max Lowy and B. A. Kobler, upon a complaint containing four counts: The first, upon account; second, for money had and received; third, for merchandise, goods and chattels sold; and fourth, in assumpsit.
The first and second grounds of demurrer to the fourth count of the complaint are directed to the failure to allege the quantity of claret staves which the plaintiff undertook to sell and deliver to the defendants; and the third, sixth, and seventh grounds, to the failure of allegation that the plaintiff was ready, able, and…
2Cases cited53 opinions
- Dingley v. OlerSupreme Court of the United States · 1886
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Hennessy v. BaconSupreme Court of the United States · 1890
- Brown v. Guarantee Trust & Safe Deposit Co.Supreme Court of the United States · 1888
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
48 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
29 more not listed; retrieve them via the Exa API.