Home Ice Factory v. Howells Mining Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court-. Heard before Hon. Samuel B. Browne. Action of assumpsit by tbe Howells Mining Company against the Home Ice Factory. From a judgment for plaintiff, defendant appeals. The complaint Avas in the common counts. The pleas were: (1) The general issue.
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Appeal from Mobile Circuit Court-. Heard before Hon. Samuel B. Browne. Action of assumpsit by tbe Howells Mining Company against the Home Ice Factory. From a judgment for plaintiff, defendant appeals. The complaint Avas in the common counts. The pleas were: (1) The general issue. (2) That plaintiff agreed to* ship defendant the best quality of coal, but instead of doing so it shipped such an inferior grade of coal that the cost of transportation from the mines to the plant of defendant was greater than the full value of the coal, and that defendant had to pay the costs of transportation. (3)…
1Opinion of the CourtAndeeson, J.
— The charge given by the court at the plaintiff’s request merely met the defendant’s special pleas, and instructed a finding for the plaintiff if the defendant bought “run of the mine coal,” notwithstanding it may not have been the best quality of coal, as set up in the said special pleas. If the defendant bought “run of the mine coal,” and received and kept it, he could not resist the payment of the entire purchase price, unless the coal was valueless; and there ivas no evidence that it was valueless. One witness testified that it was no better than “horse manure” for fuel, and that he…
2Cited by5 opinions
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