Bixby-Theirson Lumber Co. v. Evans
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by M. Hi. Evans against Bixby-Theirson Lumber Company, for breach of contract. Judgment for-plaintiff and defendant appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by M. Hi. Evans against Bixby-Theirson Lumber Company, for breach of contract. Judgment for-plaintiff and defendant appeals. The measure of damages in the case of a breach of contract to make a loan is the difference between the agreed rate of interest and the rate required to be paid if the money is procured elsewhere. — 8 Paige on Cohtr. 2417-8; McGhee v. Wineholt, 68 Pac. 571. In the absence of averment that the money was desired for a special use, and that it could not be procured elsewhere, the measure of…
1Opinion of the CourtSayre, J.
Plaintiff in the court below, appellee here, recovered judgment for the breach of a contract by which defendant agreed to lend him sufficient money, in no event to exceed $2,000, with which plaintiff was to construct a dam of stone and concrete across Town creek where he then had a wooden dam which furnished power for the operation of a grist mill. Plaintiff undertook, also, with the money to be advanced, to purchase and set up in readiness for operation a turbine wheel and band sawmill, guaranteeing that the sum named would be sufficient for the improvements specified, and that he would…
2Cases cited14 opinions
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Lowe v. TurpieIndiana Supreme Court · 1896
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Turpie v. LoweIndiana Supreme Court · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Avalon Construction Corp. v. Kirch Holding Co.New York Court of Appeals · 1931
- Morgan v. Whatley & WhatleySupreme Court of Alabama · 1920
- Farabee-Treadwell Co. v. Union & Planters' Bank & Trust Co.Tennessee Supreme Court · 1916
- Bixby-Theisen Co. v. EvansSupreme Court of Alabama · 1911
- Pyle v. PizitzSupreme Court of Alabama · 1926
22 more not listed; retrieve them via the Exa API.