American Oak Extract Co. v. Ryan
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This was an action brought by the appellee, F. M. Ryan, against the American Oak Extract Company, to recover an amount, alleged to be due the plaintiff for 50 cords of wood, under a contract, alleged to have been made with the defendant. There were four counts in the complaint.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This was an action brought by the appellee, F. M. Ryan, against the American Oak Extract Company, to recover an amount, alleged to be due the plaintiff for 50 cords of wood, under a contract, alleged to have been made with the defendant. There were four counts in the complaint. The first is on an account, alleged to be due on the 1st day of October, 1891. The other three are on a contract, not differing, except that each is fuller in its statement than the preceding one, but each the same in substance and effect. The…
1Opinion of the Court
HARALSON, J. —
1. There ' was much pleading in this case, and to go through it all, to vindicate the rulings of the court thereon, would be tedious and unnecessary. It is sufficient to say, we find no errors of which the appellant can complain.
2. Let the 'following principles governing this case be first stated : ‘ ‘The doing of a thing pursuant to an offer may be both an acceptance and performance. If one makes an offer to another, or to all persons in general, and does not withdraw it, while the other person in the former case, or any one in the latter, goes forward and does the thing, such…
2Cases cited2 opinions
- Howard v. East Tenn., Va. & Ga. RailroadSupreme Court of Alabama · 1890
- First National Bank v. WatkinsMassachusetts Supreme Judicial Court · 1891
3Cited by11 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Claus v. Lee.Supreme Court of North Carolina · 1906
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Fulenwider v. RowanSupreme Court of Alabama · 1902
- American Oak Extract Co. v. RyanSupreme Court of Alabama · 1895
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