Baer & Co. v. Mobile Cooperage & Box Mfg. Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Mobile Cooperage & Box Manufacturing Company against Richard P. Baer & Co. From a judgment for plaintiff, defendants appeal.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Mobile Cooperage & Box Manufacturing Company against Richard P. Baer & Co. From a judgment for plaintiff, defendants appeal. The contract, for a breach of which this suit was brought, is as follows: “This witnesseth an agreement made and entered into by and between Richard P. Baer & Co., a partnership composed of Richard P. Baer and M. F. Baer, of Baltimore, Md., and the Mobile Cooperage & Box Manufacturing Company, a corporation organized under the laws of Alabama, as follows: Said Richard P. Baer & Co.,…
1Opinion of the CourtAnderson, J.
While the obligation to sell the culls was binding only on the defendants, it being optional with the plaintiffs to order or not as they saw fit, and would, be wanting in mutuality, if'this clause was. the entire contract, or was in no way dependent upon or collateral to the lease, in which it was incorporated, they were both embodied in the same instrument, and the agreement to supply the culls was no doubt an inducement to the plaintiff to lease the property, and the obligation to pay rent therefor was a valuable consideration, not only for the use of the plant, but for the obligation on…
2Cases cited14 opinions
- Milton v. RowlandSupreme Court of Alabama · 1847
- Morris v. McClellanSupreme Court of Alabama · 1908
- Eagan Co. v. JohnsonSupreme Court of Alabama · 1886
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- Gachet v. WarrenSupreme Court of Alabama · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Parker v. NewmanSupreme Court of Alabama · 1917
- Powell v. HopkinsSupreme Court of Alabama · 1972
- Lemond Const. Co. v. WheelerSupreme Court of Alabama · 1995
- Gorman-Gammill Seed & Dairy Supply Co. v. CarlisleSupreme Court of Alabama · 1929
- Kilborn v. HendersonAlabama Court of Appeals · 1953
13 more not listed; retrieve them via the Exa API.