Jebeles & Colias Confectionery Co. v. Crandall-Pettee Co.
Alabama Court of Appeals
Appeal from. Circuit Court, Jefferson County; John C. Pugh, Judge. Assumpsit by the Crandall-Pettee Company against the Jebeles & Colias Confectionery Company. Judgment for plaintiff, and defendant appeals.
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Appeal from. Circuit Court, Jefferson County; John C. Pugh, Judge. Assumpsit by the Crandall-Pettee Company against the Jebeles & Colias Confectionery Company. Judgment for plaintiff, and defendant appeals. The fifth count of the complaint is as follows: Plaintiff claims of defendant $500 as damages for the breach of an executory contract, for that heretofore, on, to wit, September 2, 1911, defendant ordered of plaintiff certain goods, wares, and merchandise, having to be made to order by plaintiff, should plaintiff accept said order, which said goods, wares, and merchandise were to bo…
1Opinion of the CourtBrown, P. J.
[1] The right of a vendor to resell, on default of the vendee, thereby fixing the quantum of damages he is entitled to recover as the difference between the contract price and the price realized at the resale, in the absence of express stipulation, is only incident to a contract of sale that has become executed on the part of the vendor and on which he is entitled to demand the contract price. 2d Mechem on Sales, § 1645; Southern States Co. v. Long, 73 South. 148; Johnson v. Carden, 187 Ala. 142. 65 South. 813; Penn & Montgomery v. Smith, 98 Ala. 560, 12 South. 818; Id., 104 Ala. 445, 18…
2Cases cited12 opinions
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- Foley v. FelrathSupreme Court of Alabama · 1893
- Newton v. BrookSupreme Court of Alabama · 1901
- Gwin v. Hopkinsville Milling Co.Supreme Court of Alabama · 1914
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