Cassells' Mill v. Strater Bros. Grain Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Strater Brothers Grain Company against Cassels’ Mills and others. Prom a judgment for plaintiff, defendants appeal. The pleadings are sufficiently set out in the opinion of the court. The following are the grounds for motion for new trial referred to: (4) “A number of letters written by plaintiff to the defendant’s Cassels’ Mills.”
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Strater Brothers Grain Company against Cassels’ Mills and others. Prom a judgment for plaintiff, defendants appeal. The pleadings are sufficiently set out in the opinion of the court. The following are the grounds for motion for new trial referred to: (4) “A number of letters written by plaintiff to the defendant’s Cassels’ Mills.” (5) “That the court erred in allowing witness Bingham to testify as to the meaning of ‘Louisville terms.’ ” (6) “In allowing witness Bingham to- testify as to the wheat sold in the month of…
1Opinion of the CourtMayfield, J.
This is an action by appellee, a Louisville (Ky.) grain dealer, against appellants, Gadsden (Ala.) mills et al., and is by the vendor against the vendees, to recover damages for breach of a contract for the sale of 13,200 bushels of “No. 2 red winter wheat.” The contract was as follows: “Louisville, Ky.; December 18, 1905. Oassels’ Mills, Gadsden, Alabama. Gentlemen: We confirm sale to you today by ware through Mr. Samuel F. Milan, of thirteen thousand two hundred (13,200) bushels of No. 2 red winter wheat, in bulk, at $1.04% per bushel, including freight to Gadsden, subject to Louisville…
2Cases cited14 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
- Drake v. GoreeSupreme Court of Alabama · 1853
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Watson v. Kirby & SonsSupreme Court of Alabama · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Cartwright v. HughesSupreme Court of Alabama · 1933
- Atlantic Coast Line R. Co. v. BurkettSupreme Court of Alabama · 1922
- Russell v. GarrettSupreme Court of Alabama · 1922
- Sorsby v. WilkersonSupreme Court of Alabama · 1921
23 more not listed; retrieve them via the Exa API.