Byrne Mill Co. v. Robertson
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before 1-Ion. Samuel B. Browne. Action for breach of contract by appellee against appellant.
Read the full summary
Appeal from Mobile Circuit Court. Heard before 1-Ion. Samuel B. Browne. Action for breach of contract by appellee against appellant. The complaint was in the following language: “Plaintiff claims of the defendant the sum of forty thousand dollars damages for the breach of a contract which is in words and figures as follows: 'This agreement, made and entered by and between J. W. Byrne, and S. E. Byrne, doing business under tlie name of the “Byrne Mill Company,” party of the first part, and Warren Hamilton, party of the second part, witnesseth: The said Byrne Mill Company hereby agrees to…
1Opinion of the Court
DOWDELL, J. —
This is an action brought by the plaintiff, E. H. Robertson, appellee here, against the Byrne Mill Company, a firm, or partnership, for the breach of a contract entered into by said Byrne Mlil Company Avith - one Warren Hamilton, and Avhich contract Avas by said Hamilton assigned to the plaintiff. The *282complaint as amended contained two counts. In the first count the contract sued on is set out in full, aud by reference thereto is adopted into the second count/ The alleged breach .of the contract consisted in a failure" and refusal on the part of the defendants to deliver to the…
2Cases cited3 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- Culver v. CaldwellSupreme Court of Alabama · 1902
3Cited by9 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Sherrill v. Alabama Appliance Co.Supreme Court of Alabama · 1940
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Home Guano Co. v. International Agr. CoprporationSupreme Court of Alabama · 1919
- B. F. Kay & Son v. Alabama Cotton & Grain Co.Supreme Court of Alabama · 1924
4 more not listed; retrieve them via the Exa API.