Stone & Gambrell v. Waite & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. Leroy E. Box. This action was brought by Stone & Gambrell, suing as partners, against D. W. Waite & Co., another partnership, and was commenced on the 27th September, 1888. The complaint contained the common count for money had and received, claiming $350, and several special .counts based on a written contract for the sale of a stock of goods by defendants to plaintiffs, which were destroyed by fire during…
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. Leroy E. Box. This action was brought by Stone & Gambrell, suing as partners, against D. W. Waite & Co., another partnership, and was commenced on the 27th September, 1888. The complaint contained the common count for money had and received, claiming $350, and several special .counts based on a written contract for the sale of a stock of goods by defendants to plaintiffs, which were destroyed by fire during the night of the day on which, late in the evening, the inventory was completed. No part of the stipulated purchase-money…
1Opinion of the CourtClopton, J.
On March 7th, 1888, the parties entered into a written contract for the sale by defendants to plaintiffs of a stock of goods and furniture in a store at Easonville. The parties each deposited three hundred and fifty dollars, plaintiffs in cash, and defendants in a check, as a forfeit on failure to perform the contract. The goods were destroyed by fire during the night of March 10, 1888. Defendants having obtained possession, after the fire, of the money deposited by plaintiffs, the latter bring the action to recover this amount, and also the amount of the check. The main question presented…
2Cases cited6 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Grant v. United StatesSupreme Court of the United States · 1869
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Fairbanks, Morse & Co. v. Eureka Co.Supreme Court of Alabama · 1880
- Rogers v. WhitehouseSupreme Judicial Court of Maine · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- State v. White Furniture Co.Supreme Court of Alabama · 1921
- Warren v. LiddellSupreme Court of Alabama · 1895
- Bishop v. MinderhoutSupreme Court of Alabama · 1900
- Marion Manufacturing Co. v. BuchananTennessee Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.