Legal Opinion

McElrath v. Consolidated Pipe & Supply Co.

Supreme Court of Alabama

Decided September 30, 1977No. SC 2009-2009-APublishedCited by 27 opinions

1Opinion of the Court

Appeal by John McElrath, d/b/a McElrath Construction Company (McElrath) and his surety, Hartford Accident and Indemnity Company from a judgment rendered against them based upon a jury verdict. We reverse and remand.

The plaintiff, Consolidated Pipe and Supply Company (Consolidated) is a distributor of polyvinyl chloride ("PVC") pipe, a product manufactured from a petroleum derivative. Consolidated obtained its major supply of pipe from Ethyl Corporation. The defendant McElrath is a general contractor specializing in the installation of water systems utilizing this type of pipe.

In December,…

2Cases cited9 opinions

  1. International Ladies' Garment Workers' Union v. Donnelly Garment Co.Court of Appeals for the Eighth Circuit · 1941
  2. Kerrigan's Estate v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Third Circuit · 1952
  3. Helene Curtis Industries, Inc. v. Sales Affiliates, Inc.District Court, S.D. New York · 1952
  4. Matlack, Inc. v. Hupp Corp.District Court, E.D. Pennsylvania · 1972
  5. Fli-Fab, Inc. v. United StatesDistrict Court, D. Rhode Island · 1954

4 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Crigler v. SalacSupreme Court of Alabama · 1983
  2. Stallings v. Angelica Uniform Co.Supreme Court of Alabama · 1980
  3. Poston v. GaddisSupreme Court of Alabama · 1979
  4. Walker v. TraughberCourt of Civil Appeals of Alabama · 1977
  5. Ex Parte TidmoreSupreme Court of Alabama · 1982

22 more not listed; retrieve them via the Exa API.

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