Eagan Co. v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. E. Clarke. Tbis action was brought by the Eagan Company, a private corporation organized under the laws of Tennessee, against W. Gr. and L. W. Johnson; was commenced on the 12th September, 1885, and was founded on the defendants’ promissory note for $275, which was dated at Chattanooga, Tennessee, November 1st, 1884, payable January 1st, 1885, to the order of the Kirk Machine Company, by whom it was…
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. E. Clarke. Tbis action was brought by the Eagan Company, a private corporation organized under the laws of Tennessee, against W. Gr. and L. W. Johnson; was commenced on the 12th September, 1885, and was founded on the defendants’ promissory note for $275, which was dated at Chattanooga, Tennessee, November 1st, 1884, payable January 1st, 1885, to the order of the Kirk Machine Company, by whom it was transferred to the plaintiff, and contained a stipulation in these words : “This note is executed in consideration of an…
1Opinion of the CourtStone, C. J.
— Eor the purposes of this appeal, we may test the case made by the record as a contract:of sale to Johnson by the Eagan Company, of a piece of machinery manufactured by the latter. The defense is, that the machinery was less complete, and therefore less serviceable, than the machinery contracted for would have been. No intentional wrong is, or can be imputed to the manufacturer. The imperfection which gave rise to this contention, must be ascribed to the oversight and mistake of plaintiff’s agent, the Kirk Machine Company, through which the sale was negotiated. That both Johnson and the.…
2Cases cited9 opinions
- Tims v. StateSupreme Court of Alabama · 1855
- Barnett v. StantonSupreme Court of Alabama · 1841
- Thomason v. OdumSupreme Court of Alabama · 1857
- Merriweather v. TaylorSupreme Court of Alabama · 1849
- Gilmer v. WareSupreme Court of Alabama · 1851
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3Cited by21 opinions
- Tiger Motor Co. v. McMurtrySupreme Court of Alabama · 1969
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
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