McClellan v. Lyle-Taylor Grain Co.
Supreme Court of Alabama
Appeal from Circuit -Court, Limestone County; R. C. Brickell, Judge. Action by E. E. Taylor and others, partners, doing business under tbe name and style of Lyle-Taylor Grain Company, against W. H. McClellan, for damages for breach of contract to deliver 2,000 bushels of com. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit -Court, Limestone County; R. C. Brickell, Judge. Action by E. E. Taylor and others, partners, doing business under tbe name and style of Lyle-Taylor Grain Company, against W. H. McClellan, for damages for breach of contract to deliver 2,000 bushels of com. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The complaint alleges that the defendant sold plaintiffs 2,000 bushels of white corn at and for $1.60 per bushel., and agreed to deliver said corn to plaintiffs at Bank Street wharf, in Decatur, Ala. The defense…
1Opinion of the CourtBrown, J.
[1] The statement of witness Taylor, in response to the question propounded to him on cross-examination, “It was a part of the contract that it was to be sent by boat?” that “that part of the contract did not concern me,” was clearly the statement of a conclusion, and purely gratuitous, and the court erred in overruling the motion of defendant to exclude it. Am. Oak Extract Co. v. Ryan, 112 Ala. 337, 20 South, 644.
[2] However, in view of the fact that the issue between the parties was simple and well defined not only by the evidence, but clearly stated to the jury in the charge of the court,…
2Cases cited3 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Murph v. StateSupreme Court of Alabama · 1907
- American Oak Extract Co. v. RyanSupreme Court of Alabama · 1895
3Cited by6 opinions
- Bridges v. StateSupreme Court of Alabama · 1932
- Couch v. HutchersonSupreme Court of Alabama · 1942
- Walker v. StateSupreme Court of Alabama · 1930
- Duck v. StateAlabama Court of Appeals · 1957
- Kornegay v. StateAlabama Court of Appeals · 1948
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