Marx v. Kilby Locomotive & Machine Works
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Horn John Pelham. Action by A. Marx, against the Kilby Locomotive & Machine. Works for breach of. a contract. Judgment for defendant, and plaintiff appeals.
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Appeal from Calhoun Circuit Court. Heard before Horn John Pelham. Action by A. Marx, against the Kilby Locomotive & Machine. Works for breach of. a contract. Judgment for defendant, and plaintiff appeals. The contract referred, to in the opinion is as follows: “A. Marx agrees to sell for joint account with the Kilby Locomotive & Machine Works one standard-gauge Forney type locomotive, with all parts belonging-to same that he might have, and as seen and inspected by their representative this day on barge on the New Basin Canal, for the sum of $300, delivered on cars at Anniston, Alabama. The…
1Opinion of the CourtSayre, J.
The contestation between the parties to this record arises out of variant interpretations given by them to the contract between them. Unquestionably the object of all exposition of Avritten instruments is to determine the expressed intention of the parties. Appellant owning a locomotive which had been injured in a wreck, and appellee having facilities and being engaged in the business of repairing machines of the kind, entered into an undertaking for the repair and sale of the locomotive on joint account. Appellee’s theory of the contract, advanced in pleas 3 and 4, is that the stipulation…
2Cases cited3 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Brumby v. SmithSupreme Court of Alabama · 1841
- Reid v. EdwardsSupreme Court of Alabama · 1838
3Cited by6 opinions
- Tennessee Coal, Iron & Railroad Co. v. SizemoreSupreme Court of Alabama · 1952
- City of Albertville, Alabama v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1960
- Ollinger & Bruce Dry Dock Co. v. James Gibbony & Co.Supreme Court of Alabama · 1918
- Tate v. Cody-Henderson Co.Alabama Court of Appeals · 1914
- Hawkins v. First Federal Savings and Loan Ass'nSupreme Court of Alabama · 1973
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