Town of Camden v. Fairbanks, Morse & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Wilcox County; B. M. Miller, Judge. Bill by Fairbanks, Morse & Co. against the Town of Camden for the sale of certain property, or for its restoration, and for general relief. From the decree rendered, the respondent appeals. The demurrers to the bill should hav¿ been sustained, because of an adequate remedy at law. 114 r. S. 190, 5 Sup. Ct: 820, 29 L. Ed. 132. The contract was not properly executed.
Read the full summary
Appeal from Circuit Court, Wilcox County; B. M. Miller, Judge. Bill by Fairbanks, Morse & Co. against the Town of Camden for the sale of certain property, or for its restoration, and for general relief. From the decree rendered, the respondent appeals. The demurrers to the bill should hav¿ been sustained, because of an adequate remedy at law. 114 r. S. 190, 5 Sup. Ct: 820, 29 L. Ed. 132. The contract was not properly executed. Section 1183, Code 1907, as amended by Acts 1909, p. 205; 28 Cyc. 664, 686; 45 Ala. 237; 20 A. & E. Ency. of Daw, 1157, 1163, 1165; 31 Ala. 76. The hill also involves,…
1Opinion of the CourtThomas, J.
The complainant corporation filed its bill against the town of Camden to recover pumping machinery, which was purchased for that municipality and became a part of its waterworks. The machinery was sold to the municipality under a written contract of date February 10, 1916, for the purpose indicated — the vendor guaranteeing said machinery to be well made, of good material, and in a workmanlike manner; that, if any part should fail through defect in workmanship or material within a year from date of shipment, said company would replace the defective parts free of charge, etc. The terms of sale…
2Cases cited43 opinions
- Litchfield v. BallouSupreme Court of the United States · 1885
- City of Springfield v. EdwardsIllinois Supreme Court · 1877
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- Seymour v. City of TacomaWashington Supreme Court · 1893
38 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Briggs v. Greenville CountySupreme Court of South Carolina · 1926
- Abramson v. HardSupreme Court of Alabama · 1934
- Evans v. Beattie, Comptroller GeneralSupreme Court of South Carolina · 1926
- Higer v. HansenIdaho Supreme Court · 1946
- Town of Capitol Heights v. SteinerSupreme Court of Alabama · 1924
12 more not listed; retrieve them via the Exa API.