Griffin v. Bass Foundry & Machine Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This was a suit brought by the appellant., W. H. Griffin, against the appellee, the Bass Foundry & Machine Company, to recover as damages the reasonable profits which plaintiff would have made under a contract with the defendant, if the defendant had complied with its said contract.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This was a suit brought by the appellant., W. H. Griffin, against the appellee, the Bass Foundry & Machine Company, to recover as damages the reasonable profits which plaintiff would have made under a contract with the defendant, if the defendant had complied with its said contract. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. There were verdict and judgment, f^r the defendant. From this judgment the plaintiff appeals; and assigns…
1Opinion of the CourtTyson, J.
This is an action for damages for an alleged breach of a contract.
The complaint avers that the defendant agreed to pay for the cutting of wood and the royalty on the same, and that the breach consisted in its failure to do so. The negotiations between the parties resulting in a final agreement between them is shown by several writings. A number of letters and the original draft of the contract embody the terms and stipulations finally agreed upon. These several writings must, therefore, .be looked to for the purpose of ascertaining what yvere the terms of the contract.
It is true that…
2Cases cited2 opinions
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
3Cited by7 opinions
- Torry v. KraussSupreme Court of Alabama · 1907
- Newberry v. AtkinsonSupreme Court of Alabama · 1913
- Knights of Modern Macabees v. GillespieAlabama Court of Appeals · 1915
- Western Union Telegraph Co. v. LouissellAlabama Court of Appeals · 1914
- Postal Telegraph-C. Co. v. NailAlabama Court of Appeals · 1914
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