Gwin v. Hopkinsville Milling Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by the Hopkinsville Milling Company against J. C. B. Gwin and others. Prom a judgment for plaintiff, defendants appeal. Transferred from Court of Appeals. The action was for breach of an agreement to buy 1,000 barrels of flour, to be shipped at a reasonably postponed date to be selected by defendant.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Assumpsit by the Hopkinsville Milling Company against J. C. B. Gwin and others. Prom a judgment for plaintiff, defendants appeal. Transferred from Court of Appeals. The action was for breach of an agreement to buy 1,000 barrels of flour, to be shipped at a reasonably postponed date to be selected by defendant. The market price of the flour at the date of the breach'of the contract on May 24, 1911, is alleged to be $4.40 per barrel delivered, and that the flour was sold in the market at $4.05. The contract is set out. Plea 3 is…
1Opinion of the CourtGardner, J.
This is the second appeal in the cause. — Hopkinsville Milling Company v. Gwin et al., 179 Ala. 472, 60 South. 270.
The suit is by the vendor (appellee) against the vendees (appellants) for recovery, of damages for breach of an executory contract for the sale of 1,000 barrels of flour. A copy of said contract appears in the report of the former case on former appeal, supra. ' ■ ' -(1) Demurrer was sustained to plea 3, and this is the assignment of error first insisted upon by counsel. This plea purports to be in bar of the action and a full and complete defense thereto. The plea sets up a…
2Cases cited3 opinions
- Hardwick v. American Can Co.Tennessee Supreme Court · 1904
- West v. CunninghamSupreme Court of Alabama · 1839
- Hopkinsville Milling Co. v. GwinSupreme Court of Alabama · 1912
3Cited by16 opinions
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Oden-Elliott Lumber Co. v. Daniel-Gaddis Lumber Co.Supreme Court of Alabama · 1923
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
- Home Guano Co. v. International Agr. CoprporationSupreme Court of Alabama · 1919
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