Craig & Co. v. Pierson Lumber Co.
Supreme Court of Alabama
Assumpsit. Appeal from Mobile City Court. Heard, before Hon. O. J. Semmes. Action by the Pierson Lumber Company against George P. Craig & Co. for tbe purchase price of lumber. Judgment for plaintiff, and defendants appeal.
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Assumpsit. Appeal from Mobile City Court. Heard, before Hon. O. J. Semmes. Action by the Pierson Lumber Company against George P. Craig & Co. for tbe purchase price of lumber. Judgment for plaintiff, and defendants appeal. Tbe defense interposed was that tbe plaintiff failed to deliver a large part of tbe lumber it contracted to deliver, and that it was necessary for the appellants from time to time to go into tbe market and buy as reasonably as possible sucb lumber as tbe appellee failed to deliver; that tbe lumber was higher on tbe market for tbe same grade than the contract price; and…
1Opinion of the Court
DOWDELL, C- J.
The first assignment of error is not insisted on, but is expressly waived in brief of counsel for appellants.
The second assignment is as follows: “The court ■erred in overruling defendant’s demurrer to amended replication, filed June 1.4, 1907. — Record, pages 21, 22.” There were several amended replications, and separate demurrers to each. That the second assignment of error does not comply with rule 1 of Supreme Court practice (20 South, iv), and is too general to merit consideration at our hands, we need only cite the following authorities to show: Ashford, et al. v. Ashford,…
2Cases cited5 opinions
- Ashford v. AshfordSupreme Court of Alabama · 1902
- Alabama Great Southern R. R. v. ClarkeSupreme Court of Alabama · 1906
- Williams v. Coosa Manufacturing Co.Supreme Court of Alabama · 1903
- H. B. Claflin Co. v. RodenbergSupreme Court of Alabama · 1893
- White v. WhiteSupreme Court of Alabama · 1894
3Cited by41 opinions
- Arant v. StateSupreme Court of Alabama · 1936
- Kinnon v. L. & N. R. R.Supreme Court of Alabama · 1914
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Kelly v. United StatesCourt of Appeals for the Ninth Circuit · 1918
- Turner v. BlantonSupreme Court of Alabama · 1965
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