Southern Cotton Oil Co. v. Knox
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Assumpsit by the Southern Cotton Oil Company against W. M. Knox and W. N. Rushton. Judgment for defendants and plaintiff appeals.
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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Assumpsit by the Southern Cotton Oil Company against W. M. Knox and W. N. Rushton. Judgment for defendants and plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The following are the counts of the complaint on which the trial was passed: (1) Plaintiff claims of the defendants the sum of $696.52, with interest thereon, for that on, to wit, July 18, 1914, the defendants (for a valuable consideration) agreed with the plaintiff that they would be responsible for failure on the part of the…
1Opinion of the CourtSayre, J.
This case went to the jury on counts 1 and 2 the general issue, and special pleas 6 and 7.
Plaintiff, appellant, sued for a breach of the contract which will appear in the report. Plaintiff and the Farmers’ Gin & Compress Company, a corporation, were principals to the contract. Defendants had guaranteed its performance by the Gin & Compress Company. In count 1 plaintiff alleged, in substance, that the Gin & Compress Company’s ginner had fraudulently issued a large number of the seed tickets, provided for in the contract, for which no cotton seed had been purchased, and that these tickets had…
2Cases cited3 opinions
- Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
- Arnold & Co. v. Jones, Cotton Co.Supreme Court of Alabama · 1907
- Lea v. CassenSupreme Court of Alabama · 1878
3Cited by5 opinions
- Abbott Laboratories v. DurrettSupreme Court of Alabama · 1999
- Rudisill Soil Pipe Co. v. Eastham Soil Pipe & Foundry Co.Supreme Court of Alabama · 1923
- Wood v. Traders' Securities Co.Supreme Court of Alabama · 1930
- State v. GoldsteinSupreme Court of Alabama · 1922
- State v. GoldsteinAlabama Court of Appeals · 1922