Thompson v. Strong, Bagley & Bagley
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Strong, Bagley & Bagley against J. R. N. Thompson for breach of contract. Judgment for plaintiffs and defendant appeals. (Transferred from the Court of Appeals under Acts 1911, p. 450.)
1Opinion
ON APPLICATION FOR REHEARING.
GARDNER, J.
— Upon the original submission of this cause
counsel for appellant argued, as we understand their brief, but one point, namely, the invalidity of the contract on account of indefiniteness, and this was the question treated in the opinion.
It is urged on application for rehearing that the ruling here is in conflict with the case of Elmore v. Parrish, 170 Ala. 499, 54 South. 203, and that both cannot be permitted to stand. These cases, in our opinion, are easily distinguished. In the ElmoreParrish Case the court was unwilling to declare as a matter of…
2Cases cited9 opinions
- Burlington, Cedar Rapids & Northern Railway Co. v. DeySupreme Court of Iowa · 1891
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Elmore, Quillian & Co. v. Parrish Bros.Supreme Court of Alabama · 1911
- Michigan Southern & Northern Indiana Railroad v. McDonoughMichigan Supreme Court · 1870
- Indianapolis Cabinet Co. v. HerrmanIndiana Court of Appeals · 1893
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