Moore v. Barber Asphalt Paving Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. The appellee sued the appellant for $1,400. The complaint contained the common counts and two special’ • counts. A demurrer was sustained to the third count, which was one of the special counts, and no amendment was made.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. The appellee sued the appellant for $1,400. The complaint contained the common counts and two special’ • counts. A demurrer was sustained to the third count, which was one of the special counts, and no amendment was made. The remaining special count, the second, claimed $1,400 for the breach of an agreement in writing between .plaintiff and defendant, whereby defendant, in consideration of the plaintiff’s agreeing to deliver to barges on the Mississippi river, at or near the foot of G-irod street, in the city…
1Opinion of the CourtBrickell, C. J.
The defendant Moore, under the, name of R. Moore & Co., contracted to buy from plaintiff, through one Tupper, its agent in New Orleans, one thousand cubic yards of macadam at a given price per cubic yard. The contract was as follows:
“R. Moore & Co. of Mobile, Ala. Gentlemen: We will deliver to barges on Mississippi river at or near foot of Girod street and at foot of General Taylor street, one thousand cubic yards of macadam at two 70-100 dollars per cubic yard. Our measurement to be checked by an engineer measurement at Port Eads. The terms of payment to be as follows: say, one hundred in…
2Cases cited1 opinion
- Perry v. JohnstonSupreme Court of Alabama · 1877
3Cited by10 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Stone v. WalkerSupreme Court of Alabama · 1917
- Carolina-Portland Cement Co. v. Alabama Construction Co.Supreme Court of Alabama · 1909
- Louis Pizitz Dry Goods Co. v. House of Van Praag, Inc.Supreme Court of Alabama · 1929
- North American Transportation & Trading Co. v. SamuelsCourt of Appeals for the Ninth Circuit · 1906
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