Elmore-Quillan & Co. v. Cunningham
Alabama Court of Appeals
Appeal from Conecuh. Circuit Court. Heard before Hon. A. E. Gamble. Action by Elmore, Quillan & Co., against William Cunningham for breach of contract. Judgment for defendant, and plaintiff appeals.
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Appeal from Conecuh. Circuit Court. Heard before Hon. A. E. Gamble. Action by Elmore, Quillan & Co., against William Cunningham for breach of contract. Judgment for defendant, and plaintiff appeals. The counts referred to in the complaint are as follows: (3) “Plaintiffs claim of defendant the further sum of $500 due from him as damages for the breach of a contract entered into between plaintiffs and defendant on, to wit, February 24, 1909, in' susbstance as follows: Said defendant in and by said agreement sold to plaintiffs 150 bales of cotton at and for the price of 8% cents per pound, basis…
1Opinion of the Court
de GRAFFENRIED, J.
The complaint, as originally filed, contained two counts. The first count sought a recovery of $445.20 due by open account, which, the count alleges, became due on May 14, 1909. The second count sought a recovery of the same sum of money, which, the count alleged, was due the plaintiffs by the defendant as damages.for the breach of a contract entered into between the plaintiffs and the defendant on, to wit, February 24, 1909, whereby the defendant sold to the plaintiffs 200 bales of cotton at 9.29 cents per pound, to be delivered f. o. b. Montgomery, Ala., on, to wit, 1909;…
2Cases cited19 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Semple v. GlennSupreme Court of Alabama · 1890
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- Mohr v. LemleSupreme Court of Alabama · 1881
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3Cited by1 opinion
- Goss v. Weiman & Co.Alabama Court of Appeals · 1912