Home Guano Co. v. International Agr. Coprporation
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Action by the Home Guano Company against the International Agricultural Corporation for breach of contract. From a decree sustaining demurrers to the complaint, plaintiff takes nonsuit and appeals.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Action by the Home Guano Company against the International Agricultural Corporation for breach of contract. From a decree sustaining demurrers to the complaint, plaintiff takes nonsuit and appeals. The following is the contract: This agreement made this 6th day of June, 1912,’by and between the International Agricultural Corporation, a corporation duly organized under and pursuant to the laws of the state of New York, party of the first part (hereinafter designated as “seller”) and the Home Guano Company, of Dothan, Ala., a…
1Opinion of the CourtThomas, J.
The suit is for the breach of contract.
Counts 5 and 6 are practically the same, and 7 and 8 are so in legal effect. Demurrers* were sustained to each count. Because of such adverse ruling plaintiff took a non-suit with leave to review the ruling on de mnrrer on appeal. Code, § 3017; Schillinger v. Wickersham, 75 South. 11; Herrmann v. Mobile County, 202 Ala. 274, 80 South. 112; Underwood Typewriter Co. v. Marengo Co. Bank (App.) 81 South. 543., The several counts set out the original contract, and .such of the correspondence of the parties as to enable this court to determine the merits of…
2Cases cited17 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Hess v. MuirCourt of Appeals of Maryland · 1886
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Pompton v. Cooper UnionSupreme Court of the United States · 1879
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3Cited by11 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Lowery v. MaySupreme Court of Alabama · 1925
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Lawrenceburg Roller Mills Co. v. Chas. A. Jones & Co.Supreme Court of Alabama · 1920
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
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