Brunner v. Mobile-Gulfport Lumber Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before 1-Ion. Samuel B. Browne. Suit by the Mobile-Gulfport Lumber Company against W. H. Brunner for breach of a contract to deliver lumher.
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Appeal from Mobile Circuit Court. Heard before 1-Ion. Samuel B. Browne. Suit by the Mobile-Gulfport Lumber Company against W. H. Brunner for breach of a contract to deliver lumher. Amended count B is as follows: Plaintiff claims of defendant $100, for that by written contract Avith defendant, on, to-wit, July 25, 1911, defendant agreed to deliver to plaintiff by October 15, 1911, in care of vessel at Mobile, Ala., and plaintiff agreed to accept on such delivery at Mobile, Ala., 50,000 feet of lumber at-$14 per M feet to be inspected at the mills; that by subsequent agreement between said…
1Opinion of the CourtGardner, J.
Suit was brought by appellee against appellant to recover damages for an alleged breach of contract for the sale of lumber. The cause was tried on the third count of the complaint, defendant’s pleas thereto, and plaintiff’s two replications to pleas 2, 3, and 4.
Count 3 set up that by written contract of date July 25, 1911, the defendant agreed to deliver to plaintiff by October 15, 1911, in care of vessel at Mobile, Ala., and plaintiff agreed to accept on such delivery at Mobile, 50,00-0 feet of lumber, at $14 per thousand feet, to be inspected at the mill; arid that by subsequent…
2Cases cited14 opinions
- Coe v. ErrolSupreme Court of the United States · 1886
- Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
- Bacon v. IllinoisSupreme Court of the United States · 1913
- Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
- Diamond Glue Co. v. United States Glue Co.Supreme Court of the United States · 1903
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- Trotwood Trailers, Inc. v. EvattOhio Supreme Court · 1943
- Kyser v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1932
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