Carolina-Portland Cement Co. v. Alabama Construction Co.
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Ti-tomas W. Coleman, Jr. Action by the Carolina-Portland Cement Company against the Alabama Construction Company, for the price of a carload of cement. Judgment for defendant and plaintiff appeals. The court erred in overruling plaintiff’s demurrers to the pleas.
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Appeal from Anniston City Court. Heard before Hon. Ti-tomas W. Coleman, Jr. Action by the Carolina-Portland Cement Company against the Alabama Construction Company, for the price of a carload of cement. Judgment for defendant and plaintiff appeals. The court erred in overruling plaintiff’s demurrers to the pleas. It was the duty of the defendant to purchase like property elsewhere as expeditiously and as cheaply as he could and the measure of damages would be the excess of the cost of repurchase over the original contract price, and such reasonable expenses as ivere incurred thereby. — Watson…
1Opinion of the CourtMayfield, J.
The case made on appeal is substantially as follows: The appellant was the plaintiff in the court below, and brought an action against the defendant for $198.15, alleged to be due by account. The defendant filed pleas 1, 2, and 3, and thereupon demurrers were interposed to pleas 2 and 3, and the same were sustained. The first plea was the plea of the general issue. After the court had sustained the demurrers to said pleas 2 and 3, the defendant filed additional pleas A and B. Thereupon the plaintiff demurred to said pleas A and B, which demurrers the court overruled, and such rulings of the…
2Cases cited10 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Watson v. Kirby & SonsSupreme Court of Alabama · 1895
- Lawton v. RickettsSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Tidmore v. MillsAlabama Court of Appeals · 1947
- Hewlett v. John Blue Employees Federal Credit UnionCourt of Civil Appeals of Alabama · 1976
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
12 more not listed; retrieve them via the Exa API.