Wilkinson v. Williamson
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. Jno. ,P. Hubbard. This action was brought by James Williamson, against W. W. Wilkinson, to recover the sum of $141.32, which the plaintiff claimed as the balance due him for the price of timber sold and delivered by him to the defendant, on or about February 15th, 1882. The complaint contained only the common counts; the defendant pleaded, “ in short by consent, the general issue and paymentand the cause was…
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Appeal from the Circuit Court of Butler. Tried before the Hon. Jno. ,P. Hubbard. This action was brought by James Williamson, against W. W. Wilkinson, to recover the sum of $141.32, which the plaintiff claimed as the balance due him for the price of timber sold and delivered by him to the defendant, on or about February 15th, 1882. The complaint contained only the common counts; the defendant pleaded, “ in short by consent, the general issue and paymentand the cause was tried on issue joined on these pleas. On the trial, as the bill of exceptions shows, the plaintiff testified in his own…
1Opinion of the CourtSomerville, J.
— The contract for the sale of the timber in controversy in this case is shown to have been express, the terms being fully stated between the contracting parties at the time of the transaction. The controversy is as to which one of the two alleged prices, differing from each other in amount, was agreed upon by stipulation. Under this state of facts, it was not competent to determine the matter by evidence of custom, or usage. “ The true office of mercantile usage,” as said by Mr. Parsons, “ is to interpret the otherwise indeterminate intentions of parties, and to ascertain the nature and…
2Cases cited2 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Shealy v. EdwardsSupreme Court of Alabama · 1882
3Cited by12 opinions
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Foley v. FelrathSupreme Court of Alabama · 1893
- Middleton v. Western Union Telegraph Co.Supreme Court of Alabama · 1916
- Buyck & Cain v. SchwingSupreme Court of Alabama · 1893
- Greene v. LewisSupreme Court of Alabama · 1887
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