American Oak Extract Co. v. Ryan
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. Henry C. Speake. This action was brought by the appellee, F. M. Ryan, against the American Oak Extract Company, to recover an amount alleged to be due plaintiff for 50 cords of wood, under a contract which it was alleged the defendant made with the plaintiff.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. Henry C. Speake. This action was brought by the appellee, F. M. Ryan, against the American Oak Extract Company, to recover an amount alleged to be due plaintiff for 50 cords of wood, under a contract which it was alleged the defendant made with the plaintiff. The original complaint, in addition to one of the common counts, claimed that the contract was made between the parties on August 12, 1891, whereby the defendant agreed to take 50 cords of wood to be delivered by plaintiff on a barge, which defendant was to place at a point…
1Opinion of the CourtHaralson, J.
There are two counts in the complaint on a contract, -the same in substance and effect, except that the second is a little fuller in its statements than the preceding one. The case was tried on the general issue to these two counts, the 3d and 4th.
1. On the cross-examination of the plaintiff by the defendant, he stated that his brother had given Judge Russell authority to contract for the wood. This answer, from what appears', was responsive and the defendant was bound by it, if a fact within the knowledge of the witness, and it could not move to exclude it; but, the witness immediately…
2Cases cited13 opinions
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Petty v. DillSupreme Court of Alabama · 1875
- Burks v. HubbardSupreme Court of Alabama · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Brush Electric Light & Power Co. v. City CouncilSupreme Court of Alabama · 1896
- Leader v. MattinglySupreme Court of Alabama · 1903
- Birmingham Water Works Co. v. VinterSupreme Court of Alabama · 1910
- McClellan v. Lyle-Taylor Grain Co.Supreme Court of Alabama · 1920
6 more not listed; retrieve them via the Exa API.