Veitch v. Atkins Grocery & Commission Co.
Alabama Court of Appeals
Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by Carlos Yeitcb against V. B. Atkins Grocery & Commission Company for breach of contract. Judgment for defendant, and plaintiff appeals.
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Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by Carlos Yeitcb against V. B. Atkins Grocery & Commission Company for breach of contract. Judgment for defendant, and plaintiff appeals. The fifth count was as follows: “Plaintiff claims of the defendant the sum of $57.18, together with the interest thereon, as damages, for that defendant did' on, to wit, February 17, 1910, bargain and sell to- plaintiff 39,128 pounds of Johnson grass hay, to be delivered to Birmingham, Ala., on the day following said sale; and plaintiff avers that said hay so sold plaintiff was at the time…
1Opinion of the Court
de GRAFFENRIED, J. —
The action Avas brought by appellant against appellee in the city court of Selma to recover damages' for an alleged breach of a contract of sale, averred to have been made between the parties on the 17th day of February, 1910. Under the contract of sale the appellee agreed to sell and deliver to the.appellant two cars, 39,128 pounds, of Johnson grass hay, at and for the price of $11.25 per ton. At the time the contract Avas made the hay was in Birmingham, Ala., in two cars upon the track of a common carrier.
It appears that the appellee had shipped to Norwood & Co., Avhose…
2Cases cited16 opinions
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Root v. JohnsonSupreme Court of Alabama · 1891
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Brother & Brother v. Peters & BrotherSupreme Court of Alabama · 1879
- Jackson v. StateSupreme Court of Alabama · 1910
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3Cited by7 opinions
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- Louisville N. R. Co. v. Sarris CollasSupreme Court of Alabama · 1923
- Armstrong v. WilcoxSupreme Court of Alabama · 1922
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