Parties: Van Gray, Plaintiff/ Appellant James M. Reynolds and J. Eugene Garrison, Defendants/ Appellees
Facts: On March 2, 1984, the plaintiff, Van Gray, had entered into a contract with the defendants, James Reynolds and J. Eugene Garrison, that he would purchase around 9000 tons of sawdust from them at fifty cents per ton. In the contract it was agreed upon that Mr. Gray would remove the sawdust pile and that the payments for the sawdust would be made weekly. Also in the contract, Mr. Gray had to make sure to leave the property level and drainable after removing the sawdust. In order to remove the sawdust, Mr. Gray made some improvements to the road to use heavy machinery, which cost him around four thousand dollars. During two months, March and April, Mr. Gray was able to remove some of the sawdust, however his equipment was having issues and Mr. …show more content…
Tompkins, 385 So. 2d 973 (Ala. 1980) and Moore v. Lovelace, 413 So. 2d 1100 (Ala. 1982) both of which discussed how time was not of essence in a contract. This caused the Supreme Court to disagree with the defendants in their argument that the contract failed. Lastly, the Supreme Court looked at P & S Business, Inc. v. South Central Bell Telephone Co., 466 So. 2d 928 (Ala. 1985) and Kinnon v. Universal Underwriters Ins. Co., 418 So. 2d 887 (Ala. 1982) because these cases illustrate examples of cases where a contract was made and it was free of ambiguity and therefore the contract had to be enforced as it was written within the contract. This allowed the Supreme Court to reach the decision that the trial court erred when they stated the contract was just a standing offer because the contract between Mr. Gray, Mr. Reynolds and Mr. Garrison was a valid