Green & Sons v. Lineville Drug Co.
Supreme Court of Alabama
Appeal from Clay Circuit Court. Heard before Hon. John Pelham. Action by Robert M. Green & Sons and others against the Lineville Drug Company. From a judgment in favor of defendant, plaintiffs appeal. Action for damages for breach of contract. The contract is set out in the opinion, and is a part of the complaint in each instance. The breach alleged is a refusal of the defendant to accept the goods shipped under the contract.
Read the full summary
Appeal from Clay Circuit Court. Heard before Hon. John Pelham. Action by Robert M. Green & Sons and others against the Lineville Drug Company. From a judgment in favor of defendant, plaintiffs appeal. Action for damages for breach of contract. The contract is set out in the opinion, and is a part of the complaint in each instance. The breach alleged is a refusal of the defendant to accept the goods shipped under the contract. Demurrers were interposed to the complaint, and sustained, whereupon the complaint was amended to meet the defects pointed out by the demurrers, and defendant filed the…
1Opinion of the CourtHaralson, J.
This was an action for damages fo.r an alleged breach of contract, in refusing to accept certain goods ordered by defendant from the plaintiff. To the complaint, the defendant filed seven pleas, and the plaintiff interposed demurrers to the second, third, demurrers to the fourth and sixth pleas, but overruled fourth, fifth, sixth and seventh. The court sustained demurrers to the 4th and- 6th pleas, and overruled those to the second, third, fifth and seventh pleas. The overruling of the demurrers to' these last pleas is assigned as error. The second plea is nothing more than the general issue,…
2Cases cited1 opinion
- Alabama Chemical Co. v. GeissSupreme Court of Alabama · 1904
3Cited by6 opinions
- Fletcher Savings & Trust Co. v. American State BankIndiana Supreme Court · 1925
- State v. MarascoUtah Supreme Court · 1933
- Green & Sons v. Lineville Drug Co.Supreme Court of Alabama · 1910
- Western Union Telegraph Co. v. BeasleySupreme Court of Alabama · 1920
- Lammars v. Chicago Great Western RailroadSupreme Court of Iowa · 1919
1 more not listed; retrieve them via the Exa API.