A. S. Knowles Dry Goods Co. v. Gunter
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Charles P. Gunter and W. A. Gunter, Jr., as surviving partners, against the A. S. Knowles Dry Goods Company for damages. Judgment for plaintiffs and defendant appeals. Appellant, a corporation, was on September 9, 1907, conducting a department store in a building facing on the south side of Dexter avenue in Montgomery, and had been so engaged for a number of years.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Charles P. Gunter and W. A. Gunter, Jr., as surviving partners, against the A. S. Knowles Dry Goods Company for damages. Judgment for plaintiffs and defendant appeals. Appellant, a corporation, was on September 9, 1907, conducting a department store in a building facing on the south side of Dexter avenue in Montgomery, and had been so engaged for a number of years. Immediately in the rear of this building, and facing on Washington street, appellees owned a lot about 45 feet in width, running back from Washington…
1Opinion of the CourtGardner, J.
This suit is for breach of contract, the material portions of Which will appear in the statement of the case. The part of the contract which constitutes the subject-matter of this litigation relates to the agreement of appellant, as part of the consideration of the lease contract, to erect upon the lot of appellee a brick building, improvements to cost not less than $8,000.
It is conceded that the defendant did in fact comply with the strict letter of the contract by erecting a brick building upon the premises costing more than $8,000; but it is insisted by the plaintiffs that the erection of…
2Cases cited10 opinions
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Tobias v. Josiah Morris & Co.Supreme Court of Alabama · 1899
- Lee v. CochranSupreme Court of Alabama · 1908
- Birmingham Water Works Co. v. WindhamSupreme Court of Alabama · 1914
- Mutual Reserve Fund Life Ass'n v. TaylorSupreme Court of Virginia · 1901
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3Cited by8 opinions
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- Turner v. De PriestSupreme Court of Alabama · 1921
- Earle v. Illinois Cent. R. Co.Court of Appeals of Tennessee · 1942
- Tweed v. LocktonSuperior Court of Delaware · 1932
- Harris v. Geneva Mill Co.Supreme Court of Alabama · 1923
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