Schleicher, Schumm & Co. v. Montgomery Light Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John G. Winter. This was an action brought by the appellant, Schleicher, Schumm & Co., against the appellee, the Montgomery Light Company.
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Appeal from the City Court of Montgomery. Tried before the Hon. John G. Winter. This was an action brought by the appellant, Schleicher, Schumm & Co., against the appellee, the Montgomery Light Company. The complaint as originally filed contained but one count, which was as follows : “The plaintiff claims of the defendant three thousand, seven hundred and thirty-seven dollars, ($3,737), for that, heretofore, to-wit, in May, 1893, defendant contracted with plaintiff for the purchase from plaintiff of an engine and [here follows statement of different article's of machinery and the price to be…
1Opinion of the Court
HEAD, J. —
The original complaint in, this caséis a plain, ordinary action for damages for the breach, by the defendant, of an executory agreement to purchase from the plaintiffs, and pay them the stipulated price thereof, the machinery therein described. The fact that the damages are laid at the same amount as the contract price, can exert no influence, in determining the legal character of the action — the allegations being clear and unambiguous, showing its character to be as above stated. No manner of demurrer could be properly sustained to the complaint, and the court erred in sustaining…
2Cases cited2 opinions
- Foley v. FelrathSupreme Court of Alabama · 1893
- Allen v. Mutual Compress Co.Supreme Court of Alabama · 1893
3Cited by3 opinions
- Scruggs & Echols v. RiddleSupreme Court of Alabama · 1910
- Home Guano Co. v. International Agr. CoprporationSupreme Court of Alabama · 1919
- Southern Railway Co. v. HobsonAlabama Court of Appeals · 1912