Owensboro Wagon Co. v. Benton Mercantile Co.
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Action by the Owensboro Wagon Company against, the Benton Mercantile Company in assumpsit. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. A contract is not binding on one until both are bound. 5 Stew. & P. 264, 26 Am.
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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Action by the Owensboro Wagon Company against, the Benton Mercantile Company in assumpsit. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. A contract is not binding on one until both are bound. 5 Stew. & P. 264, 26 Am. Dec. 344; 70 Ala. 144. The minds of the parties never met until the exchange of telegrams on October 20. 50 Ala. 446; 35 Ala. 607; 202 Ala. 366, 80 South. 448; 147 Ala. 629, 41 South. 675; 14 Ala. App. 170, 68 South. 716; 201 Ala. 607, 79 South. 39,…
1Opinion of the CourtThomas, J.
The suit was for balance claimed on a contract of purchase of wagons. The case was tried on an agreed statement of facts, before the judge without a jury, and judgment rendered for the defendant.
On September 8, 1917, plaintiff’s salesman and defendant entered into a written agreement by which defendant would furnish specifications for 10 to 40 wagons to be shipped defendant about October 1st. The writing stated the terms of settlement for the purchase as follows:
“Agree to settle for the above by notes due at 6 months net, or in cash less a discount of 5 per cent, if paid within December 1st…
2Cases cited24 opinions
- Jones v. LanierSupreme Court of Alabama · 1916
- Comer v. BankheadSupreme Court of Alabama · 1881
- Farmers' Bank & Trust Co. v. Shut & KeihnSupreme Court of Alabama · 1916
- Mobile Electric Co. v. City of MobileSupreme Court of Alabama · 1918
- Lawrenceburg Roller Mills Co. v. Chas. A. Jones & Co.Supreme Court of Alabama · 1920
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