Legal Opinion
Gilbert v. Louis Pizitz Dry Goods Co.
Supreme Court of Alabama
Decided January 12, 1939No. 6 Div. 392PublishedCited by 5 opinions
1Opinion of the Court
THOMAS, Justice.
The Court sustained demurrers to Counts A and B. The plaintiff took an involuntary nonsuit and moved the Court, for an order accordingly.
There are several grounds of demurrer. Some of them set up new matter in defense or avoidance, and for this reason were speaking demurrers. Mutual Building & Loan Ass’n v. Moore, 232 Ala. 488, 494, 169 So. 1; Maulitz v. Jones, 222 Ala. 609, 133 So. 701; Webb v. J. R. Lowe & Co., 215 Ala. 552, 112 So. 138; 49 C.J. page 423, § 536.
It is declared by this Court, that when a buyer makes known to the seller the particular purpose for which the…
2Cases cited29 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Robinson v. CrotwellSupreme Court of Alabama · 1911
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Buffalo Rock Co. v. DavisSupreme Court of Alabama · 1934
- Alabama MacHinery & Supply Co. v. CaffeySupreme Court of Alabama · 1925
24 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stacy Evers v. Herbert A. Buxbaum, T/a Rubin Optical Company, and Dr. Joseph FriedmanCourt of Appeals for the D.C. Circuit · 1958
- Bradford v. Moore Brothers Feed and GrocerySupreme Court of Alabama · 1958
- Waugaman v. Skyline Country ClubSupreme Court of Alabama · 1965
- Chilton Butane Gas, Inc. v. MarcusSupreme Court of Alabama · 1972
- Stanton v. MarshSupreme Court of Alabama · 1963