Land Title Guaranty Co. v. Lynchburg Foundry Co.
Decision Date | 19 November 1918 |
Docket Number | 7 Div. 552 |
Citation | 80 So. 142,16 Ala.App. 568 |
Parties | LAND TITLE GUARANTY CO. v. LYNCHBURG FOUNDRY CO. |
Court | Alabama Court of Appeals |
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge.
Assumpsit by the Land Title Guaranty Company against the Lynchburg Foundry Company. Demurrers to the several counts of the complaint sustained, and plaintiff appeals. Affirmed.
Rutherford Lapsley, of Anniston, for appellant.
Knox Acker, Dixon & Sterne, of Anniston, for appellee.
The Chamber of Commerce of Anniston, Ala., and the Lynchburg Foundry Company entered into a contract whereby the foundry company agreed within a certain time, to erect and equip a certain kind of factory at Anniston, Ala., and the Chamber of Commerce on its part agreed to convey to the foundry company certain land and to pay to it $20,000 in money. On July 25 1912, the plaintiff subscribed and paid to the foundry company $250 under the following agreement:
There were demurrers to the complaint raising the questions: First, as to the right of plaintiff to sue for a breach of the contract between the Chamber of Commerce and the foundry company; and, second, as to whether the complaint showed such a breach of contract as entitled plaintiff to sue.
The plaintiff was not a party to or in privity with the contract made between the Chamber of Commerce and the Lynchburg Foundry Company, and hence he could not sue for its breach. Buck v. Carlisle, 98 Ala. 580, 13 So. 585; Morrow v. Wood, 56 Ala. 1; Callison v. Little, 2 Port. 89.
The fifth count of the complaint, which declares on the subscription contract signed by the plaintiff, does...
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