Union Refining Co. v. Barton
Supreme Court of Alabama
Action for Breach of Written Executory Gont/ract. Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington.
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Action for Breach of Written Executory Gont/ract. Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by John IL Barton, against the Union Refining Company, a private corporation engaged in business in the city of Montgomery ; was commenced on the 18th September, 1882, and sought to recover damages for the defendant’s alleged breach of a written contract, which was in these words: “This contract, made and entered into on this 28th day of November, A. H., 1881, by and between the Union Refining Company of Montgomery, Alabama, and John K.…
1Opinion of the CourtStone, C. J.
The present suit grew out of an executory agreement, containing mutual stipulations. Commencing about the first of December, 1881, it was to continue three years. The business of the corporation — appellant here — was that of refining cotton-seed oil, and the object of the contract was the introduction and establishment of a market for the sale of its oil in the State of Georgia. The agreement was in writing, signed by both parties; and by its terms Barton was constituted traveling agent, with authority to make sales, either through *154himself or ag'ents, to pay his own and agents’ expenses of…
2Cases cited3 opinions
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
3Cited by15 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Alderson v. HoustonCalifornia Supreme Court · 1908
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Richardson v. StateSupreme Court of Alabama · 1920
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