Whitehead v. Jasper Oil & Fertilizer Co.
Supreme Court of Alabama
Appeal from Circuit Court, Marion County ; C. P. Almon, Judge. Assumpsit by the Jasper Oil & Fertilizer Company against J. B. Whitehead. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. The charge given for plaintiff is as follows : If you believe from the evidence that defendant sold plaintiff 50 tons of cotton seed, f. o. b.
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Appeal from Circuit Court, Marion County ; C. P. Almon, Judge. Assumpsit by the Jasper Oil & Fertilizer Company against J. B. Whitehead. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. The charge given for plaintiff is as follows : If you believe from the evidence that defendant sold plaintiff 50 tons of cotton seed, f. o. b. Winfield, and it was agreed that defendant was to draw a draft for 80 per cent, of the amount of the seed shipped, and defendant failed to ship said seed, you must find a verdict for plaintiff. Suit by…
1Opinion of the CourtGardner, J.
The contract for the sale of the cotton seed called for an aggregate of ■50 tons, in carload lots f. o. b. Winfield, one ear to be loaded at once (the date of the contract being January 15, 1915), and the other loaded within ten days or two weeks. Upon' the trial of the cause the rule as to the measure of damages was recognized to be the difference between the agreed price and the market value of the cotton seed at the time and place of delivery, with interest. Ward v. Cotton Seed Products Co., 193 Ala. 101, 69 South. 514; Gwin v. Hopkinsville Milling Co., 190 Ala. 346, 67 South. 382; Georgia…
2Cases cited3 opinions
- Gwin v. Hopkinsville Milling Co.Supreme Court of Alabama · 1914
- Ward v. Cotton Seed Products Co.Supreme Court of Alabama · 1915
- Georgia Cotton Oil Co. v. Carlisle Seed Co.Supreme Court of Alabama · 1917