W. F. Covington Mfg. Co. v. Ferguson
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by F. H. Ferguson against the W. F. Covington Manufacturing Company, for breach of contract to sell corn. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Count 2 is upon an account. Count 1 is as follows: “Court.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by F. H. Ferguson against the W. F. Covington Manufacturing Company, for breach of contract to sell corn. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Count 2 is upon an account. Count 1 is as follows: “Court. Plaintiff claims of defendant the sum of $750 damages for the breach of a contract entered into by and between the plaintiff and defendant on, to wit, the 9th day of November, 1917, in substance as follows: Plaintiff agreed to buy.and defendant…
1Opinion of the CourtThomas, J.
[1] The suit is on the common counts and for a breach of contract of sale “of 11 cars of corn in the ear at $1.50 per bushel.” The defendant challenged the sufficiency of the count for breach of contract as being void for uncertainty, in that the contract averred fails to state the number of bushels of corn contained in the car, the weight of a ' car of corn, or the minimum capacity as a car of corn.
The contract averred is not void for uncertainty, and is not open to the objections pointed out in Elmore, Quillian & Co. v. Parrish Bros., 170 Ala. 499, 54 South. 203; Sloss-Shef. S. & I. Co. v.…
2Cases cited26 opinions
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Elmore, Quillian & Co. v. Parrish Bros.Supreme Court of Alabama · 1911
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
21 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wilson & Co. v. Fremont Cake & Meal Co.Nebraska Supreme Court · 1950
- Dominey v. Johnson-Brown Co.Supreme Court of Alabama · 1929
- Sussman, Wormser & Co. v. Sea Food Co.Mississippi Supreme Court · 1921
- Douglas & Mizell v. Ham Turpentine Co.Supreme Court of Alabama · 1923
- Lamborn v. BlattnerCourt of Appeals for the Fifth Circuit · 1925
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