Legal Opinion
Southern Ry. Co. v. Birmingham Rail & Locomotive Co.
Supreme Court of Alabama
Decided January 17, 1924No. 6 Div. 984PublishedCited by 7 opinions
1Opinion of the CourtBouldin, J.
The action is for breach of an- executory contract for the sale of chattels. The purchaser sues the seller for failure to deliver.
The defense is no contract by the failure of the minds of the parties to come together on the subject-matter; that the seller was contracting to sell one thing and the purchaser to buy another.
Mutuality is the essence of all contracts. The minds of the parties must meet and concur on every necessary element of the contract. Among these elements is the subject-matter. In this they must consent to the same thing in the same sense. Where one person offers a thing and…
2Cases cited2 opinions
- Thompson v. RaySupreme Court of Alabama · 1871
- Indiana Fuel Supply Co. v. Indianapolis Basket Co.Indiana Court of Appeals · 1908
3Cited by7 opinions
- City of Montgomery v. MaullSupreme Court of Alabama · 1977
- Finley v. Liberty Mut. Ins. Co.Supreme Court of Alabama · 1984
- First National Bank of Birmingham v. Perfection Bedding Co.Court of Appeals for the Fifth Circuit · 1980
- Vester J. Thompson, Jr., Inc. v. CITMOCO SERV. INC.Court of Civil Appeals of Alabama · 1977
- McDonough Construction Co. v. TuttDistrict Court, S.D. Alabama · 1962
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