Alabama Storage & Ice Co. v. Kratzer Ice Cream Co.
Alabama Court of Appeals
Appeal, from Montgomery City Court. Heard before Hon. William H. Thomas. Action by the Kratzer Ice Cream Company against the Alabama Storage & Ice Company for damages for false representation, and for breach of contract. Judgment for plaintiff and defendant appeals. Counsel insist that plaintiffs failed to prove the allegation of the 3rd count upon which count the judgment was) based.
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Appeal, from Montgomery City Court. Heard before Hon. William H. Thomas. Action by the Kratzer Ice Cream Company against the Alabama Storage & Ice Company for damages for false representation, and for breach of contract. Judgment for plaintiff and defendant appeals. Counsel insist that plaintiffs failed to prove the allegation of the 3rd count upon which count the judgment was) based. Assuming that the contract was breached by the Storage Company in failing to keep the temperature of the room at 20 degrees, still the court erred in rendering a judgment for the full value of the cream lost, as…
1Opinion of the CourtPelham, J.
This case was tried in the court below without a jury. The plaintiffs (appellees) brought suit to recover damages for alleged false representations and breach of agreement or contract to maintain a certain temperature in the cold storage room of the plaintiffs, by pumping brine from a tank through coils of piping. The defendant (appellant) pleaded the general issue in short by consent, and the case was tried on the issue thus formed, and judgment rendered for plaintiffs on the third count of the complaint; this count being ex contractu, seeking to recover damages for breach of a contract…
2Cases cited1 opinion
- Murrell v. WhitingSupreme Court of Alabama · 1858
3Cited by2 opinions
- Lasseter v. DeasAlabama Court of Appeals · 1913
- Northern Alabama Railway Co. v. BidgoodAlabama Court of Appeals · 1912