Mansur & Tebbets Implement Co. v. Tissier Arms & Hardware Co.
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. John W. Mabry. • This action was brought by the appellant against the appellee. The complaint as amended contained two counts, which were substantially the same with the exception that 2d count was fuller and entered more into detail as to the averments of the contract alleged to have been-breached by the defendant.
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Appeal from the City Court of Selma. Tried before the Hon. John W. Mabry. • This action was brought by the appellant against the appellee. The complaint as amended contained two counts, which were substantially the same with the exception that 2d count was fuller and entered more into detail as to the averments of the contract alleged to have been-breached by the defendant. In the 2d. count the complaint claimed $566.60 for that on January 13, 1900, the defendant made an order which was‘partly in printing and partly in'writing from the plaintiff of 47 carriages, buggies- and doctor’s phaetons…
1Opinion of the CourtDowdell, J.
The plaintiff sues to recover the sum of five hundred and sixty-six and 60-100 dollars ($568.60), that, being the twenty per cent, stipulated to be paid in the contract described in the complaint. The only question is, whether the sum agreed to be paid is to- be considered by the court as a penalty or as liquidated damages.
In Keeble v. Keeble, 85 Ala. 552, this court, in a well considered case, and after reviewing the authorities, has laid down certain rules which in a great measure furn*600ish. a safe guide in the solution of a question which has so much embarrassed the courts in its…
2Cases cited4 opinions
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- McPherson v. RobertsonSupreme Court of Alabama · 1886
- Henry v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
3Cited by5 opinions
- Palestine Ice, Fuel & Gin Co. v. Walter Connally & Co.Court of Appeals of Texas · 1912
- Florence Wagon Works v. SalmonCourt of Appeals of Georgia · 1910
- Stratton v. FikeSupreme Court of Alabama · 1909
- Cortner v. Anderson, Clayton & Co.Supreme Court of Alabama · 1932
- Walshe Mfg. Co. v. W. T. Smith Lumber Co.Supreme Court of Alabama · 1912