Norton v. Allaire-Woodwood & Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by Allaire-Woodwood & Company against Mrs. E. B. Norton. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtSayre, J.
Appellant demurred to count 7 of the complaint on the ground that it failed to show a breach of the contract alleged. The meaning, in short, of the contract, which is set out in the count, is that plaintiff ivould ship to defendant one keg of insect powder for which defendant would pay $36. After averring performance on its part, plaintiff averred that thereafter defendant did “attempt to repudiate the said agreement and refused to carry the same into force and effect, to the damage of the plaintiff in the sums aforesaid; wherefore plaintiff avers that the said sums of money (the sums claimed…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
3Cited by4 opinions
- Tennessee Coal, Iron & Railroad Co. v. SizemoreSupreme Court of Alabama · 1952
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- Kelley v. CasselsSupreme Court of Alabama · 1933
- Woodward Iron Co. v. FrazierSupreme Court of Alabama · 1914