Harp, Hardee & Co. v. Haas-Phillips Produce Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Action by Harp, Hardee & Co., against Haas-Phillips Produce Company, for breach of contract. There was judgment for the plaintiff, which on motion of the defendant was set aside, and new trial ordered, from which order plaintiff appealed.
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Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Action by Harp, Hardee & Co., against Haas-Phillips Produce Company, for breach of contract. There was judgment for the plaintiff, which on motion of the defendant was set aside, and new trial ordered, from which order plaintiff appealed. The following pleas are directed to be set out: (8) Eor further answer, defendant says that a large part of the oranges shipped by plaintiffs to defendant were spoiled, affected by disease, and unmerchantable, and defendant from time to time, as the oranges were received during the course of…
1Opinion of the Court
McCLELLAN, J:
[1] This appeal is from an order granting motion for a new trial, the plaintiffs (appellants) having been awarded verdict and judgment against the defendant, appellee. The subject of the special contract involved, the breach of which is declared on, was oranges and grapefruit that were grown or to be grown in the state of Florida. The plaintiff firm, domiciled in that state, the sellers, were dealers in, or producers of, such fruit. The defendant corporation, the buyer, was a wholesale dealer in fruits, with its place of business in Montgomery, Ala. The places of delivery of…
2Cases cited9 opinions
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
- Ashford v. H. C. Shrader Co.Supreme Court of North Carolina · 1914
- Gachet v. WarrenSupreme Court of Alabama · 1882
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- Frith & Co. v. HollanSupreme Court of Alabama · 1901
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3Cited by4 opinions
- Fraley v. FordArizona Supreme Court · 1957
- Skibs A/S Gylfe v. Hyman-Michaels Co.Court of Appeals for the Sixth Circuit · 1971
- Armstrong v. WilcoxSupreme Court of Alabama · 1922
- Skibs A/s Gylfe, as Successor in Interest to Tankrederiet Gefion A/s as Owner of the Motorship Fyda v. Hyman-Michaels Company and Lakes Shipping and Trading Company, and Third-Party v. National Cargo Bureau, Inc., Third-Party Skibs A/s Gylfe, and Forsikrings-Askjelskapet Vega v. National Cargo Bureau, Inc., and G. P. Sullivan, Skibs A/s Gylfe v. United States of America, the Tokyo Marine & Fire Insurance Company v. Hyman-Michaels Company, and Third-Party v. National Cargo Bureau, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1971