Sloss-Sheffield Steel & Iron Co. v. Payne
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. W. M. Walker. Action by J. B. Payne against the Sloss-Sheffield Steel & Iron Company for damages for breach of contract. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. W. M. Walker. Action by J. B. Payne against the Sloss-Sheffield Steel & Iron Company for damages for breach of contract. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to the sixth count of the complaint. — Elmore-Q. & Go. v. Parrish Bros., 54 South. 203; 1 Chitty’s Pld. 209; Red O. G. Go. v. Graves, 56 South. 506; Ghristy, et al. v. Patton, 148 Ala. 324; Pulliam v. Schimpf, 109 Ala. 179. On the same authorities, demurrers should have been sustained to count 7 as amended. Counsel discuss assignments of…
1Opinion of the Court
McCLELLAN, J. —
Action by appellee against appellant, for damages for the breach of a contract, as averred in amended counts 6 and 7, to extract ore from the *344property of the defendant and deliver it on cars at a stipulated price per ton.
The contract alleged in amended count 6 is this: “* * * That the plaintiff should go upon the land of the defendant and open what is commonly known as the Ida ore and Big Seam ore, and quarry therefrom and furnish to defendant all the outcrop of said Ida ore and six feet of the Big Seam ore thereof, at a rate of from one to ten cars a day, and for which…
2Cases cited10 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- United States Life Insurance v. LesserSupreme Court of Alabama · 1899
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- Elmore, Quillian & Co. v. Parrish Bros.Supreme Court of Alabama · 1911
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Halle v. BrooksSupreme Court of Alabama · 1923
- Port City Construction Co., Inc. v. HendersonCourt of Civil Appeals of Alabama · 1972
- Smith v. Chickamauga Cedar CompanySupreme Court of Alabama · 1955
- Arkansas Valley Town & Land Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1915
- Sloss-Sheffield Steel & Iron Co. v. PayneSupreme Court of Alabama · 1915
8 more not listed; retrieve them via the Exa API.