Ellis v. Casey & Co.
Alabama Court of Appeals
Appeal from Dale Circuit Court- Heard before Hon. H. A. Pearce. Action by W. L. Casey & Co. against J. T. Ellis for breach of contract of sale of a stipulated number of bales cotton. Judgment for plaintiff and defendant appeals.
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Appeal from Dale Circuit Court- Heard before Hon. H. A. Pearce. Action by W. L. Casey & Co. against J. T. Ellis for breach of contract of sale of a stipulated number of bales cotton. Judgment for plaintiff and defendant appeals. Tbe court erred in permitting it to be shown that the contract was made with reference to the custom and usage fixing the weight of a bale of cotton at 500 pounds. — 150 Ala. 126; 54 South. 204. The witness ivas not competent to testify as to the market price of cotton. — 169 Ala, 229. There was no objection to the evidence as to custom and usage relative to the…
1Opinion of the CourtWalker, P. J.
This was an action against the appellant for damages for his alleged failure to deliver *520any part of 10 bales of cotton which, by written contract with the appellees, he agreed to deliver to them at Ozark, Ala., within a stated period “ at eleven (11) cents per pound, basis Liverpool good middling; the differences in grades are to be whatever the prevailing differences are with onrselves and other shippers at the time the cotton is delivered.” It appears from the minutes of the court that the complaint was amended; and some of the grounds of the'demurrer interposed to the complaint-, as…
2Cases cited6 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Elmore, Quillian & Co. v. Parrish Bros.Supreme Court of Alabama · 1911
- Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
- Minniece v. JeterSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- James S. Kemper & Co. v. Cox & AssociatesSupreme Court of Alabama · 1983
- Jacobs v. DancigerSupreme Court of Missouri · 1931
- North Alabama Electric Cooperative v. BryantAlabama Court of Appeals · 1952