Kenan, McKay & Spier v. Home Fertilizer & Cotton Oil Co.
Supreme Court of Alabama
Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Action by Kenan, McKay & Spier against the Home Fertilizer & Cotton Oil Company. From an adverse judgment, plaintiff appeals. The plaintiff (appellant) suffered a nonsuit because of the adverse rulings of the court in sustaining the defendant’s (appellee’s) demurrers to counts 4 and 5 of the amended complaint.
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Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Action by Kenan, McKay & Spier against the Home Fertilizer & Cotton Oil Company. From an adverse judgment, plaintiff appeals. The plaintiff (appellant) suffered a nonsuit because of the adverse rulings of the court in sustaining the defendant’s (appellee’s) demurrers to counts 4 and 5 of the amended complaint. These counts, so far as presently important, read: (4) The plaintiff claims of the defendant the further sum of three thousand, eight hundred fifty ($3,850.00) dollars, damages, with interest thereon from the 31st day, of…
1Opinion of the CourtMcOLELLAN, J.
[1 ] Since pertinent rules of the Alabama Cotton Seed Crushers Association were made a part of the contract, with particular reference to section 3 of rule 15 set out in the statement of the case, ante, the appellant insists that the letter of defendant’s manager, set forth in count 4, effected to afford an estimate of the amount of the production, within the contemplation of that section (3) of rule 15. It may be remarked, at this point, that the exigencies of this case do not require a construction of section 3 of rule 15. The letter is to be read and interpreted in the light of the…
2Cases cited6 opinions
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- Jones v. LanierSupreme Court of Alabama · 1916
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
- Evans v. Cincinnati, Selma & Mobile Railway Co.Supreme Court of Alabama · 1884
- Dawson Cotton Oil Co. v. Kenan, McKay & SpeirCourt of Appeals of Georgia · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McNussen v. GraybealMontana Supreme Court · 1965
- In Re United Cigar Stores Co. of AmericaDistrict Court, S.D. New York · 1934
- Kenan, McKay & Spier v. Yorkville Cotton Oil Co.Court of Appeals for the Fourth Circuit · 1919
- Lucas E. Moore Stave Co. v. KennedySupreme Court of Alabama · 1924
- Stanfield v. ArnwineOregon Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.