Baxley v. Tallassee Montgomery R. R.
Supreme Court of Alabama
Appear from [tire 'Circuit Court of Macon. Tried before the I-Ion. James E. Cobb, Special Judge. This action was brought 'by the appellant, John H. Raxley, against the appellee, The Tallassee & Montgomery Railroad Company, to recover damages for the breach of an alleged contract entered into 'between the plaintiff and the defendant, in which the latter agreed to furnish a certain number of cars to the plaintiff, to be loaded with cross ties and railroad timber, and to haul…
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Appear from [tire 'Circuit Court of Macon. Tried before the I-Ion. James E. Cobb, Special Judge. This action was brought 'by the appellant, John H. Raxley, against the appellee, The Tallassee & Montgomery Railroad Company, to recover damages for the breach of an alleged contract entered into 'between the plaintiff and the defendant, in which the latter agreed to furnish a certain number of cars to the plaintiff, to be loaded with cross ties and railroad timber, and to haul said cars from Tallassee to Millstead (point on the defendant’s road), for the 'sum of five dollars per ear. To the…
1Opinion of the CourtMcCLELLAN, C. J.
The 'agreement counted on in the third count of the complaint is supported by a letter written by the secretary of the Tallassee & Montgomery Railroad 'Co., the defendant, to Lutz, defendant’s traffic manager, and there is no variance between the agreement as laid in that count and the agreement supported by this evidence, nor is there other evidence in the case going to show a different agreement. That letter is as follows: “Montgomery, Ala., May 20 — 1897; Mr. R. E. Lutz, T. M., Dear Sir: — I.have agreed with Mr. Baxley to make a rate o'f $5 per oar for ties, Tallassee to Milstead. Car to…
2Cases cited10 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Fort Worth & Denver City Railway Co. v. GreathouseTexas Supreme Court · 1891
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Watson v. Kirby & SonsSupreme Court of Alabama · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Tombigbee Valley R. R. v. Fairford Lumber Co.Supreme Court of Alabama · 1908
- Malone v. ReynoldsSupreme Court of Alabama · 1925
- Oregon R. & Navigation Co. v. DumasCourt of Appeals for the Ninth Circuit · 1910
8 more not listed; retrieve them via the Exa API.