Hudmon v. Cuyas
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the District of Alabama. At Law. Action by J. Cuyas against Hudmon Bros. & Co. for breach of contract in failing to deliver cotton of a specified quality. Demurrers to certain pleas were sustained, and judgment given for plaintiff upon a verdict returned in his favor. Defendants bring error.
1Dissent
TOULMIN, District Judge,
(dissenting.) I regret that I am not able to agree with the court in the conclusions reached by it in this case, but I think there are two errors shown by the record for which the judgment of the court below should be reversed. The complaint contains several counts, two of which are for damages for breach of a contract, and the others are the common money counts. To the complaint the defendants below, (the plaintiffs in error here,) among other things, pleaded set-off, designated in the record as “Plea KSTo. 3.” The plea, in substance, is that the defendants sold to…
2Cases cited14 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Johnson v. AllenSupreme Court of Alabama · 1884
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Odum v. Rutledge & Julian RailroadSupreme Court of Alabama · 1891
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