Drake v. Scott
Supreme Court of Alabama
Appeal from the City Court of Bessemer. Tried before the Hon. B. 0. Jones. This Avas an action of detinue brought by the appellee, Mrs. Mattie Scott, against the appellant, M. E. Drake, to recoA'er certain specifically described property. The cause Avas tried on the plea of the general issue.
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Appeal from the City Court of Bessemer. Tried before the Hon. B. 0. Jones. This Avas an action of detinue brought by the appellee, Mrs. Mattie Scott, against the appellant, M. E. Drake, to recoA'er certain specifically described property. The cause Avas tried on the plea of the general issue. The evidence showed that the defendant applied to the plaintiff to purchase the property described in the complaint ; that the plaintiff agreed to sell the defendant the said property for a certain price for cash, and the defendant paid to her five dollars to bind the trade, and it Avas agreed between…
1Opinion of the CourtHaralson, J.
“Where there is a sale of goods, to be paid for in cash on delivery, payment and delivery are concurrent acts. In such case, payment is a condition precedent to passing title to the vendee. If delivery is made without demanding payment, or under circumstances showing no expectation of immediate payment, the condition is waived, and the title passes; but, if the goods are put into the possession of the buyer, on the understanding or agreement that he will pay for them immediately, and he fails 'or refuses to do so, the seller may recover the goods.” — Shines v. Steiner, 76 Ala. 458; Harmon v.…
2Cases cited2 opinions
- Shines v. SteinerSupreme Court of Alabama · 1884
- Harmon v. Goetter, Weil & Co.Supreme Court of Alabama · 1888
3Cited by11 opinions
- Glenn v. City of BirminghamSupreme Court of Alabama · 1931
- Eaton v. StateAlabama Court of Appeals · 1918
- Masoner v. BellSupreme Court of Oklahoma · 1908
- In re LiebigCourt of Appeals for the Second Circuit · 1918
- Moore v. LongSupreme Court of Alabama · 1947
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