J. M. Ackley & Co. v. Hunter-Benn & Co.'s Co.
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Hunter, Benn & Co.’s Company against J. M. Ackley & Co., and cross-bill by Ackley & Co., against the I-Iunter-Benn Company. Decree for complainant, and respondent appeals. The bill was for a discovery and a statement of account and construction of the contract.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Hunter, Benn & Co.’s Company against J. M. Ackley & Co., and cross-bill by Ackley & Co., against the I-Iunter-Benn Company. Decree for complainant, and respondent appeals. The bill was for a discovery and a statement of account and construction of the contract. The cross-bill sought an abatement of the original purchase price to the extent of the purchase price of 380 acres to which the complainants had no title. The pleadings in the case were settled on the former appeal, found in 154 Ala. 416, ■ 45 South. 909.…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellee (a corporation), against the appellant, pray*304ing for discovery, a reference, and statement of accounts, and an injunction. On February 7, 1902, appellant and appellee entered into a contract, the material parts of which will be set out in the statement of the case. Said Hunter, Benn & Co. sold certain timber to said J. M. Ackley & Co.; and in the contract of sale it is stated that, “in consideration of it so selling said stumpage the said Hunter, Benn & Co. is hereby given the option for sixty days to make a contract with said J. M. Ackley &…
2Cases cited4 opinions
- Smoot's CaseSupreme Court of the United States · 1873
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Hieronymus Bros. v. Bienville Water Supply Co.Supreme Court of Alabama · 1901
3Cited by15 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Stafford v. Colonial Mortgage & Bond Co.Supreme Court of Alabama · 1930
- Wilson v. ThompsonSupreme Court of Alabama · 1951
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