Farmers C. O. & T. Co. v. Ward
Supreme Court of Alabama
•Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by W. L. Ward, as surviving partner of W. L. Wand & Son,, against tbe Farmers’ Cotton Oil & Trading Company. From a judgment for plaintiff, defendant appeals.
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•Appeal from Perry Circuit Court. Heard before Hon. B. M. Miller. Action by W. L. Ward, as surviving partner of W. L. Wand & Son,, against tbe Farmers’ Cotton Oil & Trading Company. From a judgment for plaintiff, defendant appeals. The first count is as follows: “The plaintiff claims of the defendant $500 as damages for the breach of the contract or agreement entered into by it with plaintiff on the 29th day of O'ctober, 1907, by which it promised to sell the plaintiff 200 tons sacked cotton seed hulls, and plaintiff alleges that the defendant failed to deliver said cotton seed hulls, as it…
1Opinion of the CourtSimpson, J.
This suit is by the appellee, against the appellant, for a. breach of the contract set out in the statement of the case by the reporter.
The brief of appellant groups the first six assignments of errror, which raise the two questions:' '-(1) That the several counts were subject to the demurrer because they failed to aver' that the defendant was able to secure cars; and (2) because they failed to aver-a willingness and ability 'on the part of the plaintiff to take and pay for the hulls, during the period when they should have been offered.
The statement in the contract, “Shipment as cars are…
2Cases cited2 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Raisin Fertilizer Co. v. J. J. Barrow, Jr. Co.Supreme Court of Alabama · 1892
3Cited by5 opinions
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- B. F. Kay & Son v. Alabama Cotton & Grain Co.Supreme Court of Alabama · 1924
- Hancock v. OliverSupreme Court of Alabama · 1934
- Henderson v. Holmes DawsonSupreme Court of Alabama · 1920
- Way v. Waters-Tonge Lumber Co.Supreme Court of Alabama · 1924