Standard Oil Co. v. Weeks
Alabama Court of Appeals
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by J. T. Weeks and others, against the Standard Oil Company, for breach of contract to furnish gasoline. Judgment. for plaintiff and defendant appeals. The court, should have sustained demurrers to the complaint. — 6 Ene.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by J. T. Weeks and others, against the Standard Oil Company, for breach of contract to furnish gasoline. Judgment. for plaintiff and defendant appeals. The court, should have sustained demurrers to the complaint. — 6 Ene. P. & P. 248; I Id. 741; 4 Id. 918; Hooper v. Armstrong, 69 Ala. 344. The court should have granted defendant’s motion for non-suit for failure to answer interrogatories. — Allen v. Lathrop, 90 Ala. 490; Culver v. Ala. Mid. 108 Ala. 330; Sec. 4055, Code 1907. The court erred in the admission of evidence…
1Opinion of the CourtWalker, P. J.
The complaint sets out a written contract whereby the defendant agreed to furnish gasoline to the plaintiffs on terms and for a period plainly specified, together with a Avritten statement evidencing its understanding of the amount of the commodity desired by the plaintiffs until otherwise directed and its undertaking to ship that amount each Aveek, and avers a breach by the defendant of its alleged agreement. It shoAVS Avith sufficient definiteness and certainty the existence of a contract obligation incurred by the defendant to the plaintiffs and the breach of that obligation. The demurrers…
2Cases cited14 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Dickerson v. FinleySupreme Court of Alabama · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McCown-clark Co. v. MuldrowSupreme Court of South Carolina · 1921