Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.
Supreme Court of Alabama
Appeal from Birmingham' City Court. Heard before Hon. H. A. Sharpe. Action by the Crandall-Pettee Company against the Jebeles & Colias Confectionary Company. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under section 6, Act of April 18, 1911 (Laws 1911, p. 449). The first four counts were on the common counts.
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Appeal from Birmingham' City Court. Heard before Hon. H. A. Sharpe. Action by the Crandall-Pettee Company against the Jebeles & Colias Confectionary Company. Judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under section 6, Act of April 18, 1911 (Laws 1911, p. 449). The first four counts were on the common counts. The fifth count is as follows: Plaintiff claims of defendant $500 as damages for the breach of an executory .contract for that heretofore on, to wit, September 2, 1911, defendant ordered of plaintiff certain goods, wares, and merchandise having to…
1Opinion of the Court
THOMAS, J.(1) If there is any evidence which tends to establish the plaintiff’s cause, the trial court should not withdraw the case from the jury by giving the affirmative charge. —Tober v. Pioneer Min. Co., 166 Ala. 517, 52 South. 86; Shipp et al. v. Shelton, infra, 69 South. 102; McCormack v. Lowe, 151 Ala. 313, 44 South.; M. J. & K. C. R. R. Co. v. Bromberg, 141 Ala. 258, 37 South. 395; Amerson v. Corona Coal. & Iron Co., infra, 69 South. 601.
Where there are two versions of a contract in evidence, charges requested by one party to the suit, based cm his version alone, are properly refused.…
2Cases cited42 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
37 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Lawrenceburg Roller Mills Co. v. Chas. A. Jones & Co.Supreme Court of Alabama · 1920
21 more not listed; retrieve them via the Exa API.