Green & Sons v. Lineville Drug Co.
Supreme Court of Alabama
Appeal from Olay Circuit Court. Heard before Hon. Joi-in Pelham. Action by Robert M. Green & Sons against the Line-ville Drug Company. From a judgment for defendant, plaintiffs appeal. For a former report of this case, see 150 Ala.' 112, Avliere the contract was set out. The general issue is in form as follows: “That the allegations of the complaint are untrue.” The pleas demurred to are also set out in a. former report.
Read the full summary
Appeal from Olay Circuit Court. Heard before Hon. Joi-in Pelham. Action by Robert M. Green & Sons against the Line-ville Drug Company. From a judgment for defendant, plaintiffs appeal. For a former report of this case, see 150 Ala.' 112, Avliere the contract was set out. The general issue is in form as follows: “That the allegations of the complaint are untrue.” The pleas demurred to are also set out in a. former report. The oral charge of the court is as follows: “Gentlemen of the jury, this contract requires plaintiffs to deliv•er the goods at Lineville before they are entitled to recover.…
1Opinion of the CourtSimpson, J.
This is an action by the appellants against the appellee, claiming damages for the breach of a contract by which the plaintiffs agreed to ship a soda *377fountain, etc., to. the defendant, to be paid for on delivery; and it is alleged that the defendant countermanded the order after the goods were shipped, contrary to the express terms of the contract, that it also refused to receive and pay for the goods, etc.
This case was before this court at a previous term. —Green & Sons v. Lineville Drug Co., 150 Ala. 112, 43 South. 216, 124 Am. St. Rep. 17.
It is true, as contended by the appellants, that…
2Cases cited4 opinions
- State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
- Fulton v. Sword Medicine Co.Supreme Court of Alabama · 1906
- Davis v. Alexander CitySupreme Court of Alabama · 1902
- Green & Sons v. Lineville Drug Co.Supreme Court of Alabama · 1907
3Cited by14 opinions
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Whittle v. StateSupreme Court of Alabama · 1921
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Alabama Power Co. v. GoodwinSupreme Court of Alabama · 1923
- Watson v. StateSupreme Court of Alabama · 1957
9 more not listed; retrieve them via the Exa API.