(DOWNLOAD) "Wesson Oil & Snowdrift Co. v. R. B. Orr" by Supreme Court of Alabama # Book PDF Kindle ePub Free
eBook details
- Title: Wesson Oil & Snowdrift Co. v. R. B. Orr
- Author : Supreme Court of Alabama
- Release Date : January 20, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Count 5 of the complaint as amended is as follows: 'Plaintiff claims of the defendant Thirty-Five Hundred ($3500.00) Dollars damages arising out of an implied contract by and
between the plaintiff and the defendant, on to-wit: May 26, 1958, under which contract plaintiff purchased from the defendant
thirty-six bushels of soybean seed, of a quality suitable for planting purposes which defendant sold to plaintiff to be used
as planting seed by plaintiff, which the defendant had knowledge of at the time of entering into the said contract; and plaintiff
says that the defendant breached the contract in this, that it failed to deliver to the plaintiff said thirty-six bushels
of soybean seed of a quality suitable for planting purposes, but delivered to plaintiff thirty-six bushels of soy bean seed
that was not of a quality suitable to planting purposes, but was of a quality of much lesser value as seed beans than the
quality soy bean seed which plaintiff contracted to buy and defendant contracted to sell; and plaintiff did not discover said
breach of said contract until after he had planted said soy bean seed and until after it was too late to obtain other soy
bean seed to replace those seed delivered to plaintiff as aforesaid, and that by reason of and as a proximate consequences
of the defendant's breach of said contract with plaintiff in delivering said soy bean seed of a quality not suitable for planting
purposes to the plaintiff, plaintiff was greatly damaged in this, that he made a very small crop of soy beans; that he practicably
lost the crop he planted with said soy bean seeds delivered to him, by the defendant as aforesaid, whereas, if said soy bean
seed had been of the quality suitable for planting purposes as contracted for, plaintiff would have made a much larger crop
and considerable profit.' PER CURIAM. A circuit court jury, impaneled in Morgan County, rendered a verdict in favor of the
plaintiff (appellee) and against the defendant (appellant) on amended Count 5 of a complaint which alleges the making of an
implied agreement or contract between the parties hereto that culminated in the sale and delivery by defendant to the plaintiff
of several bushels of soy bean seed for planting purposes.
 "Wesson Oil & Snowdrift Co. v. R. B. Orr" by Supreme Court of Alabama # Book PDF Kindle ePub Free){kind=link}