(Download) "Fred Neumiller v. Amella T. Jenkins Et Al." by Supreme Court of Alabama * eBook PDF Kindle ePub Free
eBook details
- Title: Fred Neumiller v. Amella T. Jenkins Et Al.
- Author : Supreme Court of Alabama
- Release Date : January 21, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
LIVINGSTON, Chief Justice. This suit was begun by attaching a truck and trailer belonging to Fred Neumiller, the defendant
in the court below. On the same day that the writ of attachment was levied, the plaintiffs in the court below, Amelia T. Jenkins
and Hilliard Jenkins, individually and doing business as Jenkins Farms, filed their complaint in the Circuit Court of Baldwin
County, Alabama. As originally filed, the complaint consisted of two counts: Count One, claimed on open account, Count Two,
claimed for money had and received. The complaint was later amended to include Count Three, a count claiming damages for the
alleged breach of a contract in and by the terms of which the plaintiffs, for and in consideration of the advancement to them
by the defendant of money and property, consisting of cash, seed potatoes, and fertilizer, of the total aggregate value of
fourteen thousand three hundred and sixty-five and 99/100 dollars ($14,365.99), agreed to plant, cultivate, spray, harvest
and grade a crop of Irish potatoes for the crop year of 1956 in Baldwin County, Alabama, and to sell exclusively to the defendant
all such potatoes raised by the plaintiffs during said crop year, at a price equal to thirty-five cents (35 ) per bag less
than the wholesale market price in Baldwin County, Alabama, for the various grades of said potatoes on each day during the
1956 season; that said potatoes were sold and delivered to the defendant under the terms of the agreement aforesaid. Plaintiffs
further allege that defendant agreed to pay plaintiffs all inspection cost or fees incurred in the grading of said potatoes,
to pay all telephone expenses and labor expenses incurred by defendant in the sale and marketing of potatoes in Baldwin County,
Alabama, during the 1956 potato shipping which were advanced to defendant by the plaintiffs; and to pay to plaintiffs for
grading Irish potatoes purchased by the defendant from producers other than the plaintiffs. In substance, the plaintiffs allege
performance of the contract on their part, and the failure of the defendant to pay the sum of twelve thousand eight hundred
seven dollars and six cents ($12,807.06) due them under the terms of the contract, and for which amount they sue. Defendant interposed pleas of the general issue.
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