# Great Atlantic & Pacific Tea Co. v. Donaldson

> Supreme Court of Alabama · October 4, 1934 · 229 Ala. 276

URL: https://www.frixlaw.com/law-library/cases/3222766

## Case

- **Full name:** Great Atlantic & Pacific Tea Co. v. Donaldson
- **Court:** Supreme Court of Alabama
- **Decided:** October 4, 1934
- **Citations:** 229 Ala. 276; 156 So. 865; 1934 Ala. LEXIS 332
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown, Anderson, Thomasi, Knight
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3222766

## Opinion text

BROWN, Justice.
The statement of the evidence adduced on the trial touching the relation between the defendant and Hays, the truck driver, embodied in brief filed in support of the petition for review, when compared with the statement and conclusion in the opinion of the Court of Appeals touching such relation, clearly shows that this feature of the controversy depends upon a disputed interpretation of the evidence in the case. There is nothing in the statement of the opinion to indicate the duration of the contract or the right of the defendant to terminate it at pleasure, or for cause; therefore, this question, under the established rules of review, is not before us. Ex parte Harris Transfer
&
Warehouse Co., 214 Ala. 6 , 106 So. 223 ; Waldrop v. State, 223 Ala. 413 , 136 So. 736 ; Postal Tel.-Cable Co. v. Minderhout, 195 Ala. 420 , 71 So. 91 .
The opinion of the Court of Appeals, as amplified, rests the reversal on a finding of fact that the verdict is contrary to the great weight of the evidence, and necessitates a denial of the writ. Authorities supra.
Writ denied; petition dismissed.
ANDERSON, C. J., and THOMASi and KNIGHT, JJ., concur.
<&wkey;For other oases see same topic and KEY NUMBER in all Key Number Digests and Indexes"

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3222766. Public record. Not legal advice.