Cook & Laurie Contracting Co. v. Bell
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by William A. Bell against the Cook & Laurie Contracting Company.. Judgment for plaintiff, and defendant appeals. Plaintiff sued defendant for the purchase price for 2.000 barrels of cement.
Read the full summary
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by William A. Bell against the Cook & Laurie Contracting Company.. Judgment for plaintiff, and defendant appeals. Plaintiff sued defendant for the purchase price for 2.000 barrels of cement. The complaint is in general assumpsit, and contains two counts declaring on simple account and account stated, and one count for the price of merchandise sold to defendant on December 19, 1908. Defendant pleaded the general issue, and also four special pleas. Pleas 2 avers that the claim sued on arose out of an executory…
1Opinion of the CourtSomerville, J.
On December 19, 1908, after some preliminary correspondence on the subject, a contract was made between E. P. Benjamin, as trustee, and the defendant company, for the sale by the former to the latter of 2,000 barrels of Portland cement. Plaintiff’s witness, P. H. Moore, who represented the vendor in the transaction, testified: That the vendor had on hand at the date of the sale about 5,000 barrels of cement lying in bulk in his bins. That it was agreed that the 2,000 barrels sold to defendant out of this stock on hand should be sacked and stacked in the vendor’s bins at his plant; and that…
2Cases cited24 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Stanford v. McGillNorth Dakota Supreme Court · 1897
19 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Winn-Dixie Montgomery, Inc. v. HendersonSupreme Court of Alabama · 1979
- BMW of North America, Inc. v. GoreSupreme Court of Alabama · 1997
- Airheart v. GreenSupreme Court of Alabama · 1958
- American Automobile Insurance Co. v. EnglishSupreme Court of Alabama · 1957
- Davis v. StateAlabama Court of Appeals · 1913
33 more not listed; retrieve them via the Exa API.