Stephenson v. Jebeles & Colias Confectionery Co.
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by J. W. Stephenson doing business, etc.,, against the Jebeles & Colias Confectionery Company,, for breach of contract for the sale of flour. From a judgment awarding insufficient damages, plaintiff appeals. The proper measure of damages was set up in the complaint as amended, and established by the testimony. — Jebeles, etc., v. Stephenson, 6 Ala.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by J. W. Stephenson doing business, etc.,, against the Jebeles & Colias Confectionery Company,, for breach of contract for the sale of flour. From a judgment awarding insufficient damages, plaintiff appeals. The proper measure of damages was set up in the complaint as amended, and established by the testimony. — Jebeles, etc., v. Stephenson, 6 Ala. App. 103. The rule for review of this is stated in section 11 of the Act of February 28, 1889, •amendatory of the act establishing the Birmingham City Court. — Acts 1888-9,…
1Opinion of the CourtWalker, P. J.
This case was here on a former ■appeal. — Jebeles & Colias Confectionery Co. v. Stephenson, 6 Ala. App. 103, 60 South. 437. The present appeal is from a judgment rendered by the court sitting without a jury. . It was in favor of the plaintiff, but awarded him only one cent damages.
The bill of exceptions recites that:
“At the close of the testimony the court announced that he was satisfied that the contract was made and that it had been breached, but that it did not satisfy him as to the extent of the decline in the market.”
The evidence bearing on the feature of the case as to which the court…
2Cases cited5 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Winter-Loeb Grocery Co. v. Mutual Warehouse Co.Alabama Court of Appeals · 1912
- Millner v. StateSupreme Court of Alabama · 1907
- Jebeles & Colias Confectionery Co. v. StephensonAlabama Court of Appeals · 1912
- Glenn Refining Co. v. WebsterAlabama Court of Appeals · 1912
3Cited by6 opinions
- Stephens v. CreelSupreme Court of Alabama · 1983
- Colley v. Atlanta Brewing & Ice Co.Supreme Court of Alabama · 1916
- Brush v. RountreeAlabama Court of Appeals · 1947
- Hinkle v. LattaAlabama Court of Appeals · 1948
- Vandegrift v. FloridaAlabama Court of Appeals · 1932
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