Obear-Nester Glass Co. v. Mobile Drug Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by the Mobile Drug Company against the Obear-Nester Glass Company for damages for breach of a contract. Judgment for plaintiff, and defendant appeals. The measure of damages is the difference between the contract price and market value on July 31, 1916, f. o. b.
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Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by the Mobile Drug Company against the Obear-Nester Glass Company for damages for breach of a contract. Judgment for plaintiff, and defendant appeals. The measure of damages is the difference between the contract price and market value on July 31, 1916, f. o. b. St. Louis. 81 Fla. 456, 87 South. 157, 18 A. L. R. 627. The time within which any act is to be done must be computed by excluding the first day and including the last. If the last day is Sunday, it must also be excluded. Code 1907, § 11. The bill of exceptions…
1Opinion of the CourtThomas, J.
The first appeal is reported as Obear-Nester Glass Co. v. Mobile Drug Co., 205 Ala. 214, 87 South. 159. The second trial was before the judge without a jury on June 24, 1921, and there was judgment for plaintiff. Motion was made for new trial on grounds of newly discovered evidence, and that the judgment was contrary to the great weight of the evidence, which was overruled on November 14, 1921. It is from this action of the court the appeal is taken.
The’ recital of presentation of the bill of exceptions is:
“The foregoing bill of exceptions was presented to me, Claude A. Grayson, the judge who…
2Cases cited33 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- The ConquerorSupreme Court of the United States · 1897
- Head v. HargraveSupreme Court of the United States · 1882
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- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
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3Cited by15 opinions
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