Borden & Co. v. Vinegar Bend Lumber Co.
Alabama Court of Appeals
Assumpsit. Appeal from Mobile Circuit Court. Heard before Hou. Samuel B. Bkowne. Action by N. B. Borden & Co. for breach of contract against the Vinegar Bend Lumber Company. Judgment for defendant, and plaintiff appeals.
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Assumpsit. Appeal from Mobile Circuit Court. Heard before Hou. Samuel B. Bkowne. Action by N. B. Borden & Co. for breach of contract against the Vinegar Bend Lumber Company. Judgment for defendant, and plaintiff appeals. The action was based upon the breach of the contract by which it is alleged that defendants agreed to sell to plaintiff a cargo of lumber containing 514,200 feet of lumber at $14.50 per M. free on board vessel at Mobile at M. & O. docks, shipment March and April, 1906, payments therefor by sight draft against shipping documents and order. It is then alleged that plaintiffs…
1Opinion of the CourtWalker, P. J.
For a statement of the nature of this case and of rulings made on some of the questions involved in it reference is made to the opinion rendered on the former appeal from a judgment granting the defendant a new trial. — Borden & Co. v. Vinegar Bend Lumber Co., 2 Ala. App. 354, 56 South. 775.
One of the claims of damage asserted in the complaint was based upon the alleged payment by the plaintiff of a stated sum as demurrage accruing as a result of a failure to deliver cargo to the vessel to which the contract for the breach of which the snit was brought bound the defendant to deliver lumber…
2Cases cited12 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Lawrence v. PorterCourt of Appeals for the Sixth Circuit · 1894
- Comer v. BankheadSupreme Court of Alabama · 1881
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Harrison v. HendersonSupreme Court of Kansas · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kelley v. StateAlabama Court of Appeals · 1946
- Tidmore v. MillsAlabama Court of Appeals · 1947
- United States v. Skinner & Eddy CorporationDistrict Court, W.D. Washington · 1928
- Royal Ins. Co. v. StoryAlabama Court of Appeals · 1949
- Ingram v. StateAlabama Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.