Preston Motor Sales Co. v. Preston Motor Corporation
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. B. Aird, Judge. Action by the Preston Motor Sales Company, a corporation, against the Preston Motor Corporation, for damages for breach of contract. From a judgment overruling demurrers to pleas, plaintiff takes a nonsuit and appeals.
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Appeal from Circuit Court, Jefferson County; J. B. Aird, Judge. Action by the Preston Motor Sales Company, a corporation, against the Preston Motor Corporation, for damages for breach of contract. From a judgment overruling demurrers to pleas, plaintiff takes a nonsuit and appeals. Count 1 of the complaint sets out the contract, under which the defendant agrees to sell to the plaintiff, at certain times, certain cars manufactured by it, giving it certain territory, and agreeing to furnish all parts, together with the prices and discounts. The breaches alleged are failure to ship the cars…
1Opinion of the CourtMiller, J.
The Preston Motor Sales Company, a corporation, sues the Preston Motor Corporation, a corporation, for damages growing out of the breach of a contract made by defendant, under the. terms of which plaintiff was to become defendant’s sole sales agent, with exclusive right to sell in a certain territory, during three years, certain motor cars to be manufactured by the defendant, on terms and conditions mentioned in the contract, which is copied in and made part of the count.' There was also a count for money had and received, and a count claiming an amount due by account.
The defendant filed two…
2Cases cited4 opinions
- Berlin Machine Works v. Ewart L. Co.Supreme Court of Alabama · 1913
- Smith v. Hiles-Carver Co.Supreme Court of Alabama · 1894
- Wallace v. CrosthwaitSupreme Court of Alabama · 1903
- Day v. HuckabeeSupreme Court of Alabama · 1877
3Cited by2 opinions
- Fife v. Pioneer Lumber Co.Supreme Court of Alabama · 1939
- Rallis v. Connecticut Fire Ins. Co.New Mexico Supreme Court · 1941