McGowin Lumber & Export Co. v. Camp Lumber Co.
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge. Action by the Camp Lumber Company against the McGowin Dumber & Export Company. From a judgment for plaintiff, defendant appeals. Action in assumpsit by the plaintiff, appellee here, against the defendant, appellant here, for a breach of contract. From a judgment in favor of the plaintiff, defendant appeals.
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Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge. Action by the Camp Lumber Company against the McGowin Dumber & Export Company. From a judgment for plaintiff, defendant appeals. Action in assumpsit by the plaintiff, appellee here, against the defendant, appellant here, for a breach of contract. From a judgment in favor of the plaintiff, defendant appeals. The facts gathered from the bill of exceptions are substantially as follows: After some preliminary correspondence, the plaintiff wired defendant on February 28th as follows: “Will furnish schedule Aloft for $15.50' f. a.…
1Opinion of the CourtSamford, J.
The proper disposition of this case turns upon the construction of the contract entered into between the parties, under date of March 1st, as. evidenced by the various writings, and construed in the light of the facts and circumstances surrounding the parties at the time of the execution of the contract.
[1, 2] It is elementary law that all of the correspondence and negotiations preceding and relating to the purchase and sale became merged into the writing signed by the one and accepted by the other, except as the same may have been modified by the mutual consent of the parties. Where the…
2Cases cited12 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Holt v. United Security Life Insurance & Trust Co.Supreme Court of New Jersey · 1909
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Krebs Hop Co. v. LivesleyOregon Supreme Court · 1908
- Foley v. FelrathSupreme Court of Alabama · 1893
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3Cited by11 opinions
- Flagg-Utica Corporation v. City of FlorenceSupreme Court of Alabama · 1963
- Sadler v. RadcliffSupreme Court of Alabama · 1927
- Dowling-Martin Grocery Co. v. J. C. Lysle Milling Co.Supreme Court of Alabama · 1919
- B. F. Kay & Son v. Alabama Cotton & Grain Co.Supreme Court of Alabama · 1924
- Carroll v. LJC Defense Contracting, Inc.Court of Civil Appeals of Alabama · 2009
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