Baker v. Lehman, Weil & Co.
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Lehman, Weil & Co. against D. W. Baker for breach of contract to deliver 100 bales of cotton. From a judgment for plaintiff, defendant appeals.
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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Lehman, Weil & Co. against D. W. Baker for breach of contract to deliver 100 bales of cotton. From a judgment for plaintiff, defendant appeals. The contract is as follows: Terms of agreement entered into between D. A. Baker of Goodwater, Alabama, party of the first part, and Lehman, Weil & Company of Montgomery, Alabama, party of the second part, witnesseth: That in consideration of the mutual promises hereinafter set forth, and the sum of one dollar cash to each of said parties paid by the other, the receipt of which…
1Opinion of the Court
SOMERVILLE, J. —
The contract sued on is sufficiently certain as to all of its terms to constitute a valid and binding agreement, and the demurrer to the complaint was properly overruled. While the prices to be paid for the grades of cotton above and below 4’s (shown by the evidence to mean “good middling”) are not stated in figures, yet they are to be settled “at the prevailing differences at the time of delivery”; and, if there is any disagreement as to the proper grading of the bales as to quality, a practicable mode of settlement by arbitration is provided for. “Prevailing differences”…
2Cases cited22 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Hawley v. BibbSupreme Court of Alabama · 1881
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- Continental Insurance v. ParkesSupreme Court of Alabama · 1904
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Stanolind Crude Oil Purchasing Co.Court of Appeals for the Tenth Circuit · 1940
- Twine v. Liberty National Life Insurance Co.Supreme Court of Alabama · 1975
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Graybar Electric Co. v. CurrySupreme Court of Alabama · 1939
- Bailey v. PadgettSupreme Court of Alabama · 1915
14 more not listed; retrieve them via the Exa API.