Southern Iron Equipment Co. v. Holmes L. Co.
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hou. B. M. Miller. Action by J. Fletcher Holmes and another against the Southern Iron & Equipment Company. Judgment for plaintiffs, and defendant appeals.
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Appeal from Bibb Circuit Court. Heard before Hou. B. M. Miller. Action by J. Fletcher Holmes and another against the Southern Iron & Equipment Company. Judgment for plaintiffs, and defendant appeals. Amended count 5 is as follows: “Plaintiffs further claim of the defendant the sum of $6,000 damages for the breach of a contract entered into between the parties hereto on, to wit, the 1st day of July, 1907, in which contract the defendant agreed to furnish and deliver to plaintiffs for the sum therein agreed upon one certain Shay engine and equipment in thorough working order and up to date in…
1Opinion of the CourtMcCLELLAN, J.
Action for breach of contract, by a purchaser against a seller, for the sale and delivery, at or by a stipulated date, of a. locomotive. The complaint, at different stages, contained counts 1 to 5, inclusive. Counts 3 and 4 were stricken in response to demurrers. Counts 1 and 2 were well drawn for the recovery of at least nominal damages for the breach of the contract alleged. Furthermore, the court, at defendant’s (appellant’s) instance, affirmatively instruct - ed the jury that on these counts no more than nominal damages could be awarded. Count 5, claiming, after amendment, special…
2Cases cited6 opinions
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- John Hutchinson Manufacturing Co. v. PinchMichigan Supreme Court · 1892
- Brown v. FosterSupreme Court of Pennsylvania · 1866
- Sinker, Davis & Co. v. KidderIndiana Supreme Court · 1890
- Bostwick v. LoseyMichigan Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Goodyear Tire & Rubber Co. of Alabama, Inc. v. Gadsden Sand & Gravel Co.Supreme Court of Alabama · 1946
- Louisville N. R. Co. v. ClarkSupreme Court of Alabama · 1920
- Blythe v. EmbryAlabama Court of Appeals · 1952
- Brown v. Alabama G. S. R. R. Co.Supreme Court of Alabama · 1914
- Heady v. PoolSupreme Court of Alabama · 1930