West v. Cunningham
Supreme Court of Alabama
Error to the County court of Mobile, Case in assumpsit. The plaintiff brought assumpsit, in the County court of Mobile, to recover of the defendant, damages, sustained in consequence of the defendant’s refusal to receive of him, a large number of oranges, which he had purchased, and for which he had agreed to pay a sum of money, amounting to seven hundred and fifty dollars. The case was tried on the general issue.
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Error to the County court of Mobile, Case in assumpsit. The plaintiff brought assumpsit, in the County court of Mobile, to recover of the defendant, damages, sustained in consequence of the defendant’s refusal to receive of him, a large number of oranges, which he had purchased, and for which he had agreed to pay a sum of money, amounting to seven hundred and fifty dollars. The case was tried on the general issue. On the part of the plaintiff, evidence was given, to show that the agents of the plaintiff sold to the defendant, a lot of oranges, invoiced at eighty thousand, but estimated, in…
1Opinion of the Court
COLLIER, C. J.-
-That the seller of property may resort to his action against the purchaser, for the recovery of such damages as he shall sustain, by the failure' of the latter to complete his purchase, is a proposition too plain to require illustration. In such a case, the recovery must be graduated by the injury which the seller sustains; unless, perhaps, where that injury is increased by his own imprudent course of conduct, in regard to the thing sold. If a purchaser refuses to comply with his contract, he absolves the seller from the obligation to continue in a situation which will enable…
2Cases cited1 opinion
- Dunham v. BaxterMassachusetts Supreme Judicial Court · 1808
3Cited by11 opinions
- Kearney v. SnodgrassOregon Supreme Court · 1885
- Gwin v. Hopkinsville Milling Co.Supreme Court of Alabama · 1914
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
- Ashurst v. RosserSupreme Court of Alabama · 1963
- Browne v. GigerSupreme Court of Alabama · 1930
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