Capital Fertilizer Co. v. Ashcraft-Wilkinson Co.
Supreme Court of Alabama
Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Action by the Capital Fertilizer Company against the Ashcraft-Wilkinson Company, for breach of contract. From a nonsuit rendered on overruling demurrers to defendant’s plea, plaintiff appeals.
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Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Action by the Capital Fertilizer Company against the Ashcraft-Wilkinson Company, for breach of contract. From a nonsuit rendered on overruling demurrers to defendant’s plea, plaintiff appeals. The case is very succinctly stated in brief of counsel for appellant, which is accepted as correct by opposing counsel, and is as follows: “This is an appeal from a judgment of nonsuit rendered necessary by the action of the trial court in overruling demurrers to defendant’s plea. “The complaint contains two counts, the first of which…
1Opinion of the CourtGardner, J.
It is insisted by counsel for appellant that, under the terms of the contract here in question, the defendant could only cancel the same in the event of war which proximately prevented it from performing its contract — citing the following authorities: Ducas Co. v. Bayer Co. (Sup.) 163 N. Y. Supp. 32; Smokeless Fuel Co. v. Seaton, 105 Va. 170, 52 S. E. 829; Milliken v. Keppler, 4 App. Div. 42, 38 N. Y. Supp. 738; Lima Locomotive Co. v. Nat. Co., 155 Fed. 77, 83 C. C. A. 593, 11 L. R. A. (N. S.) 713; Standard Silk, etc., Co. v. Roessler Chem. Co. (D. C.) 244 Fed. 250; Bache Co. v. Coppes,…
2Cases cited19 opinions
- Cameron-Hawn Realty Co. v. . City of AlbanyNew York Court of Appeals · 1913
- Lima Locomotive & Machine Co. v. National Steel Castings Co.Court of Appeals for the Sixth Circuit · 1907
- Comer v. FranklinSupreme Court of Alabama · 1910
- Semon Bache & Co. v. Coppes, Zook & Mutschler Co.Indiana Court of Appeals · 1905
- Lyons v. StillsTennessee Supreme Court · 1896
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3Cited by9 opinions
- Phillips v. Amoco Oil Co.District Court, N.D. Alabama · 1985
- St. Mary’s Oil Engine Co v. Jackson Ice & Fuel Co.Supreme Court of Alabama · 1931
- City of Albertville, Alabama v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1960
- Tutton v. Liverpool London Globe Ins. Co.Supreme Court of Alabama · 1939
- Otinger v. Water Works and Sanitary Sewer BoardSupreme Court of Alabama · 1965
4 more not listed; retrieve them via the Exa API.