McIntyre Lumber & Export Co. v. Jackson Lumber Co.
Supreme Court of Alabama
Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Bernby. Assumpsit by Jackson Lumber Company against the McIntyre Lumber & Export Company. Judgment for the plaintiff and defendant, appeals. — The contract was wanting in mutuality. — Haslehurst L. & 8. Co. v. Mercantile L. & 8. Co., 166 Fed. 191; Comer v. Bankhead, 70 Ala. 144; Evans v. C. 8. 8. & R. Co, 78 Ala. 341; Highee v. Rust, 103 Am. St. Rep. 204; Morrow v. Southern 'Ex.
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Assumpsit. Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Bernby. Assumpsit by Jackson Lumber Company against the McIntyre Lumber & Export Company. Judgment for the plaintiff and defendant, appeals. — The contract was wanting in mutuality. — Haslehurst L. & 8. Co. v. Mercantile L. & 8. Co., 166 Fed. 191; Comer v. Bankhead, 70 Ala. 144; Evans v. C. 8. 8. & R. Co, 78 Ala. 341; Highee v. Rust, 103 Am. St. Rep. 204; Morrow v. Southern 'Ex. Co., 28 S. E. 998; Crane v. Crane, 45 C. C. A. 96; Hoffman v. Maffloli, 47 L. R. A. 427. If this cause had been submitted to the jury, the…
1Opinion of the CourtMayfield, J.
— Appellee, a company engaged in the manufacture and sale of lumber, including cross-ties, sued appellant, a lumber company engaged in the purchase, sale, and export of lumber, including cross-ties, for a breach of an alleged contract. Issue was joined on count 3 as last amended, and counts 4 and 5 added by amendment.
The third count as last 'amended was as follows: “(3) The plaintiff claims of the defendants the further sum of one hundred and six and 39/100 dollars ($106.39) and the interest thereon, damages, for the breach of an agreement entered into by them on, to wit, July 20th, 1907, in…
2Cases cited4 opinions
- Storm v. United StatesSupreme Court of the United States · 1877
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
- Eskridge v. GloverSupreme Court of Alabama · 1834
3Cited by47 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Cowin v. SalmonSupreme Court of Alabama · 1943
- Jones v. LanierSupreme Court of Alabama · 1916
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Fisher v. . Lumber Co.Supreme Court of North Carolina · 1922
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