Moss v. King
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. Action by Nathaniel P. Moss against J. H. King and another. Judgment for- defendants, and plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. Action by Nathaniel P. Moss against J. H. King and another. Judgment for- defendants, and plaintiff appeals. Count 1 is as follows: “Plaintiff claims of defendants the sum of $10,000 as damages for the breach of an agreement entered into by and between plaintiff and defendants on April 6, 1912, the substance of which agreement was as follows: In the evening of the day aforesaid, defendants made a written offer to buy from plaintiff that certain real estate located in the city and county of Mobile, Ala., on the north…
1Opinion of the Court
SOMERVILLE, J. —
By voluntarily striking count 2 from his complaint, plaintiff unquestionably eliminated from consideration on this appeal all rulings of the trial court on the pleadings relating exclusively to that count, however erroneous they may have been.
It remains to consider only the merit of counts 1 and 3, to which the demurrers of defendants were sustained.
While count 1 alleges an agreement consisting of an offer by defendants to purchase certain real estate and a written acceptance “made by plaintiff,” it alleges that defendants “stipulated their own terms in and by said agreement,”…
2Cases cited20 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Elmore, Quillian & Co. v. Parrish Bros.Supreme Court of Alabama · 1911
- Drake v. GoreeSupreme Court of Alabama · 1853
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Mayor of Ensley v. HollingsworthSupreme Court of Alabama · 1910
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Saunders v. McDonoughSupreme Court of Alabama · 1914
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Baker v. Lehman, Weil & Co.Supreme Court of Alabama · 1914
- Nicolopoolos v. HillSupreme Court of Alabama · 1928
- Beauchamp v. COASTAL BOAT STORAGE, LLCSupreme Court of Alabama · 2008
15 more not listed; retrieve them via the Exa API.