Southern Express Co. v. Gibbs
Supreme Court of Alabama
Damage for Failure to Deliver Goods. Appeal form Jefferson Circuit Court. Heard before Hou. A. O. Lane. Action by Clara D. Gibbs against the Southern Express Company. Judgment for plaintiff, and defendant appeals.
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Damage for Failure to Deliver Goods. Appeal form Jefferson Circuit Court. Heard before Hou. A. O. Lane. Action by Clara D. Gibbs against the Southern Express Company. Judgment for plaintiff, and defendant appeals. In view of the decision it is deemed advisable to set out tbe second plea, which is as follows: “For further answer the defendant says that the alleged shipment was made by plaintiff’s agents in two cases under a contract or a bill of lading, partly printed and partly written, under which the Adams Express Company agreed to carry the goods upon the terms and conditions therein set…
1Opinion of the CourtTyson, C. J.
This action is to recover damages for the breach of a contract. The breach alleged and relied on for recovery is the defendant’s failure to deliver to plaintiff at Birmingham, in this state, certain goods, which it contracted to deliver as a common carrier for a reward. The value of the goods was alleged to be $800. Special pleas 2 and 3, to which a demurrer was sustained, do not deny the contract to deliver or its breach as alleged, but seek simply to confine the amount of plaintiff’s recovery to the sum of $50; which it is alleged in these pleas was the' agreed value of the goods when…
2Cases cited6 opinions
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Curtis v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
- Southern Railway Co. v. JonesSupreme Court of Alabama · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ex Parte Alabama Oxygen Co., Inc.Supreme Court of Alabama · 1983
- United States Fidelity & Guaranty Co. v. SlifkinDistrict Court, N.D. Alabama · 1961
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Western Union Tel. Co. v. FavishSupreme Court of Alabama · 1916
11 more not listed; retrieve them via the Exa API.