Jordan v. Austin
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Action by S. B. Austin against H. E. Jordan. Judgment for plaintiff, and defendant appeals. The issues presented by the pleadings were that the noté was given for the purchase price of the mare, with the guaranty that she was sound and.would work well anywhere, while in fact she was not sound, and would not work to the plow, wagon, or buggy, and was unsafe. Rescission was also set up.
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Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Action by S. B. Austin against H. E. Jordan. Judgment for plaintiff, and defendant appeals. The issues presented by the pleadings were that the noté was given for the purchase price of the mare, with the guaranty that she was sound and.would work well anywhere, while in fact she was not sound, and would not work to the plow, wagon, or buggy, and was unsafe. Rescission was also set up. In testifying, the defend- and stated that Faulkenberry and certain other persons were present when he started to work the mare, and that his…
1Opinion of the CourtAnderson, J.
The defendant did not testify that Faulkenberry and the other man saw him try to work the mare when she refused'. He merely stated that they were working with him at the time. The trial court should have sustained the objection to so much of plaintiff’s counsel’s argument as stated, “Why did not the defendant have Faulkenberry and the other witnesses here who worked for him and saw him try to work the mare.” — Morris Hotel Co. v. Henley, 145 Ala. 52, 40 South. 52; Gross v. State, 68 Ala. 476; E. T. V. & G. R. R. v. Bayliss, 75 Ala. 466. While, as a rule, there may be an inference unfavorable…
2Cases cited6 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Lide v. StateSupreme Court of Alabama · 1901
- Bates v. MorrisSupreme Court of Alabama · 1893
- Mann v. StateSupreme Court of Alabama · 1901
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Egan v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- United States v. William Darryl BlakemoreCourt of Appeals for the Sixth Circuit · 1973
- Keena v. United Railroads of San FranciscoCalifornia Supreme Court · 1925
- Hayden v. . New York Railways Co.New York Court of Appeals · 1922
- Brown v. StateMississippi Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.