Loeb v. City of Montgomery
Alabama Court of Appeals
A ssumpsit. Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by the City of Montgomery against M. Loeb, doing business as the Loeb Hardware Company, and the National Surety Company to recover for the breach of the conditions of a bond. Judgment for plaintiff, and defendants appeal.
Read the full summary
A ssumpsit. Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by the City of Montgomery against M. Loeb, doing business as the Loeb Hardware Company, and the National Surety Company to recover for the breach of the conditions of a bond. Judgment for plaintiff, and defendants appeal. The complaint was as follows: “Plaintiff claims of defendants $500 for the breach of the condition of a bond made by the defendants on the 12th day of August, 1910, payable to the plaintiffs, in the sum of $1,420, with the condition that they furnish 2,000 feet, more or less, of their…
1Opinion of the CourtPelham, J.
This suit ivas instituted by the appel-lee, a municipal corporation, in the court below to recover for the breach of a condition of a bond executed by the appellants in connection with the sale to the municipality of a certain quantity of fire hose by the principal in the bond, the Loeb Hardware Company. The sale of fire hose was made on a contract of sale under *329tbe terms of which a representation or “guarantee,” as alleged in the complaint, was made, that the hose would withstand a certain amount of pressure and prove free from defects in materials or manufacture for a designated period. The…
2Cases cited17 opinions
- Austin v. BeanSupreme Court of Alabama · 1894
- Councill v. MayhewSupreme Court of Alabama · 1911
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
- Rutledge v. RowlandSupreme Court of Alabama · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Voyager Life Ins. Co., Inc. v. WhitsonSupreme Court of Alabama · 1997
- New Amsterdam Casualty Co. v. Detroit Fidelity & Surety Co.Supreme Court of Arkansas · 1933
- Henley v. LollarAlabama Court of Appeals · 1950
- Pacific Insurance Company v. WilbanksSupreme Court of Alabama · 1968
- Rains v. Ethridge-Atkins Motor Co.Supreme Court of Alabama · 1930
4 more not listed; retrieve them via the Exa API.