York Manufacturing Co. v. Bessemer Ice Manufacturing & Storage Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Wm. W. Wilkerson. This action was brought by the appellee against the appellant, to recover damages for the breach of a contract to do certain work and guaranteeing certain results therefrom. The suit was begun by attachment. The defendant pleacled the general issue and set off.
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Appeal from the City Court of Birmingham. Tried before the Hon. Wm. W. Wilkerson. This action was brought by the appellee against the appellant, to recover damages for the breach of a contract to do certain work and guaranteeing certain results therefrom. The suit was begun by attachment. The defendant pleacled the general issue and set off. The amount claimed as' a set off was the amount agreed by the plaintiff to be paid for a new crank shaft, which indebtedness was evidenced by a note of the plaintiff. The plaintiff and the defendant entered into a contract by correspondence, in which the…
1Opinion of the CourtColeman, J.
The Bessemer Ice Company was engaged in the business of manufacturing ice. The contract between the parties was entered into by -means of correspondence. The letters constitute the contract. By verifying the abstract of appellant and counter abstract of appellee, from the record, it appears that the York Manufacturing Company agreed “to remodel and change the ice machine,” then being used by the plaintiff, for an agreed amount, and guaranteed that it would make seven tons per day, during the months of July and August. The plaintiff paid the consideration. The action is in assumpsit, and the…
2Cases cited1 opinion
- Boland v. Louisville & Nashville RailroadSupreme Court of Alabama · 1894
3Cited by4 opinions
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Bingham v. DavidsonSupreme Court of Alabama · 1904
- Cordova v. R & A Oysters, Inc.District Court, S.D. Alabama · 2016
- First National Bank v. ChaffinSupreme Court of Alabama · 1897