Henderson v. Holmes Dawson
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Action by Holmes & Dawson against J. E. Henderson and J. L. Warren for breach of contract to sell peanuts. . Judgment for plaintiffs, and defendants appeal.
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Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Action by Holmes & Dawson against J. E. Henderson and J. L. Warren for breach of contract to sell peanuts. . Judgment for plaintiffs, and defendants appeal. Count. 4 is as follows: Plaintiffs claim of the defendants * * * damages for the breach of a contract entered into by and betweén the plaintiffs on the one part and the defendants on the. other part on * * * by the terms of which contract defendants sold and agreed to deliver to plaintiffs f. o. b. railroad cars at Enterprise, Ala., as fast as cars could he procured, to be…
1Opinion of the CourtSayre, J.
[1, 2] Appellees brought this action against appellants, alleging the breach of a contract by which appellants undertook to sell and deliver to appellees 500 tons of peanuts. Demurrer addressed to the com* plaint and each count thereof was overruled, and the aásignment of error is that “The court erred in overruling the demurrer to the complaint.” In the brief it is noted that counts 2, 4, 8, and 9 each averred that the peanuts were to be delivered “f. o. b. railroad cars at Enterprise, Ala., as fast as cars could be procured,” and it is argued that these counts were defective, for that they…
2Cases cited5 opinions
- Wallis v. RheaSupreme Court of Alabama · 1846
- Bufford v. LittleSupreme Court of Alabama · 1909
- Whatley v. ReeseSupreme Court of Alabama · 1900
- Farmers C. O. & T. Co. v. WardSupreme Court of Alabama · 1910
- Raisin Fertilizer Co. v. J. J. Barrow, Jr. Co.Supreme Court of Alabama · 1892
3Cited by2 opinions
- Burgin v. StewartSupreme Court of Alabama · 1927
- Payne v. CrawfordSupreme Court of Alabama · 1922