Columbia Motors Co. v. Williams
Supreme Court of Alabama
.Appeal from Circuit Court, Etowah County; Woodson J. Martin, Judge. Action by A. J. Williams against the Columbia Motors Company. Prom a judgment for plaintiff defendant appeals.
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.Appeal from Circuit Court, Etowah County; Woodson J. Martin, Judge. Action by A. J. Williams against the Columbia Motors Company. Prom a judgment for plaintiff defendant appeals. Counts 1 ánd 4 are as follows: “1. Plaintiff claims of the defendant the sum of $15,000 and for cause of action alleges the following facts, to wit: “Plaintiff avers that he' entered into a contract in writing with the defendant, the said Columbia Motors Company, on the 9th day of March, 1920, whereby plaintiff became the authorized and exclusive dealer in Columbia automobiles and parts in the Gadsden district of…
1Opinion of the CourtSayre, J.
[1-3] Count 1 of the original complaint and count 4 of the complaint as amended are assailed on the ground that they each allege two distinct and inconsistent causes of action: they seek damages for the breach of the contract alleged, thereby affirming its continued existence, and at the same time repudiate the contract by seeking to recover the purchase money paid thereunder. As we read the complaint, both counts proceed as for a breach of the covenants of a contract which the pleader undertakes to set forth according to its legal effect. The purpose of the contract, as it is alleged in both…
2Cases cited13 opinions
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Ford Motor Co. v. Hall Auto Co.Supreme Court of Alabama · 1933
- Courtesy Ford Sales, Inc. v. FarriorCourt of Civil Appeals of Alabama · 1974
- Gulf Shores, Ltd. v. PowrzanosSupreme Court of Alabama · 1983
- Waters v. WeintraubSupreme Court of Alabama · 1951
3 more not listed; retrieve them via the Exa API.