Obear-Nester Glass Co. v. Mobile Drug Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by the Mobile Drug Company against Obear-Nester Glass Company for damages for breach of contract. Judgment for plaintiff, and defendant appeals. The pleas of the defendant numbered 1 and 2 set out the contract and averred delivery to plaintiff of two cars of the chattels covered by the contract.
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Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by the Mobile Drug Company against Obear-Nester Glass Company for damages for breach of contract. Judgment for plaintiff, and defendant appeals. The pleas of the defendant numbered 1 and 2 set out the contract and averred delivery to plaintiff of two cars of the chattels covered by the contract. Count 1 then avers that ■ it was prevented from delivering the third car within the time specified, because of an accident or contingency beyond its control, in that the furnace in which said chattels were to be manufactured…
1Opinion of the CourtMcCLELLAN, J.
The Mobile Drug Company — the plaintiff — was engaged in the drug business in Mobile, Ala. The Obear-Nester Glass Company- — the defendant — was a manufacturer of glass bottles, containers, etc., at St. Louis, Mo. As appears, the action is by the buyer -against the seller of goods. On October 30, 1915, these corporations entered into the written contract to be quoted in its presently material particulars:
“The Obear-Nester Glass Company, of St. Louis, Mo., have this day sold Mobile Drug Company, of Mobile, Ala., and they have this day bought from us two or three cars flint glass prescription…
2Cases cited6 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Oakman v. BoyceMassachusetts Supreme Judicial Court · 1868
- Scruggs & Echols v. RiddleSupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stewart v. StateCourt of Criminal Appeals of Alabama · 1992
- Obear-Nester Glass Co. v. Mobile Drug Co.Supreme Court of Alabama · 1922
- Fred Gray Cotton & Gin Co. v. SmithSupreme Court of Alabama · 1926