Shearin v. Pizitz
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by M. J. Sliearin against Lonis Pizitz. Judgment for defendant and plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by M. J. Sliearin against Lonis Pizitz. Judgment for defendant and plaintiff appeals. Defendant’s pleas 3„ 4, and 5 read as follows: “(3) That the said plaintiff claims said sum of money by an alleged contract wherein the said plaintiff alleged to have entered into an agreement with the said defendant to purchase and sell cotton for the defendant, but it was intended by the parties thereto that the cotton so sold or agreed to be sold, or the cotton so purchased or agreed to be purchased, should not be actually delivered…
1Opinion of the CourtAnderson, C. J.
[1] Pleas 3 and 4 set up a contract in violation of sections 3345 and 6473 of the Code of 1907, intended to prohibit what is termed “futures”; that is, contracts for the purchase and sale of commodities to he delivered at a future day when the parties thereto did not intend that there would he an actual delivery. These pleas, however, are equivocal, as they attempt to avoid the contract set up without admittihg or denying the existence of same. They do not admit the contract sought to be avoided, hut attempt to avoid it upon the facts set up, they say, “if said alleged contract was made and…
2Cases cited8 opinions
- Smith Bros. v. Agee & Co.Supreme Court of Alabama · 1912
- Baker v. Lehman, Weil & Co.Supreme Court of Alabama · 1914
- Beall v. Folmar, Sons & Co.Supreme Court of Alabama · 1898
- Maddox v. Chilton Warehouse & Mfg. Co.Supreme Court of Alabama · 1911
- Central of Georgia Ry. Co. v. WilliamsSupreme Court of Alabama · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- National Life Accident Ins. Co. v. MiddlebrooksAlabama Court of Appeals · 1936
- Brown v. Mountain Lakes Resort, Inc.Supreme Court of Alabama · 1988
- Webb v. WebbSupreme Court of Alabama · 1955
5 more not listed; retrieve them via the Exa API.