Southern States Co. v. Long
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by the Southern States Company against T. L. Long, doing business as the Cash Grain Company. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Assumpsit by the Southern States Company against T. L. Long, doing business as the Cash Grain Company. Judgment for defendant, and plaintiff appeals. The complaint contains five counts; the first setting out a contract by defendant with plaintiff to buy, and that defendant did buy of plaintiff a quantity of corn and oats, agreeing to pay therefor the sum of $679.90, and plaintiff shipped said goods in accordance with said contract to defendant at Jasper, Ala., and that when said goods arrived in Jasper, Ala., defendant refused…
1Opinion of the CourtBrown, J.
(1-3) It is elementary law that a contract may be executed as to one of the parties and executory as to the other. — 9 Cyc. 244 (c). Where one of the parties to a contract has performed everything necessary to be done by him according to the terms of the contract, the contract, so far as that party is concerned, is executed and not executory — 6 R. C. L. 590, § 9; Denton v. English, 2 Nott & McC. (S. C.) 581, 10 Am. Dec. 638. Ordinarily, in the absence of special provisions, a contract of bargain and sale cannot be said to be an executed contract until the property in the thing sold passes…
2Cases cited20 opinions
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Shriner v. CraftSupreme Court of Alabama · 1910
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
15 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- North American Uranium, Inc. v. JohnstonWyoming Supreme Court · 1957
- Pasquale Food Co., Inc. v. L & H INTERNATIONAL AIR., INC.Court of Civil Appeals of Alabama · 1973
- Bassett Lumber Co. v. Hunter-Benn Co. CompanySupreme Court of Alabama · 1939
- Sloss-Sheffield Steel & Iron Co. v. Stover Mfg. & Engine Co.Court of Appeals for the Seventh Circuit · 1929
1 more not listed; retrieve them via the Exa API.