B. F. Kay & Son v. Alabama Cotton & Grain Co.

The trial was had on count 2 and the general issue, and the judgment was for plaintiff for the breach of contract of sale of SS bales of cotton.

With other necessary averments, that count averred the substance of the contract to be that defendants “agreed to deliver on, to wit, .Tune 22, 1922, to the plaintiff on the south bank of the Tennessee river, in Morgan county, Alabama, eighty-eight (88) bales of cotton, to be thence transported at the plaintiff’s cost to the Decatur, Ala., compress, in Albany, Ala., for which plaintiff agreed to pay to the defendants, and defendants agreed to accept,…