Johnson v. Oehmig & Wiehl
Supreme Court of Alabama
Appeal from tbe Circuit Court of DeKalb. Tried before tbe Hon. John B. Tally. This action was brought by Oehmig & Wiehl, suing as partners, against Henry Johnson and L. M. Gordon, and was commenced on the 13th December, 1888. The complaint contained a single count, which claimed $200 “due by account for goods, wares and merchandise, sold by plaintiffs to defendants on or about 30th July, 1888.” The defendants pleaded (1) “not indebted,” and (2) that the account sued on was…
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Appeal from tbe Circuit Court of DeKalb. Tried before tbe Hon. John B. Tally. This action was brought by Oehmig & Wiehl, suing as partners, against Henry Johnson and L. M. Gordon, and was commenced on the 13th December, 1888. The complaint contained a single count, which claimed $200 “due by account for goods, wares and merchandise, sold by plaintiffs to defendants on or about 30th July, 1888.” The defendants pleaded (1) “not indebted,” and (2) that the account sued on was made for a stationary engine and set of mill rocks which defendants bought from plaintiffs at the agreed price of $300,…
1Opinion of the CourtWalker, J.
In Ogburn v. Ogburn, 3 Porter, 126, it was lielcl that the vendee of personal property can not, while holding possession thereof, defend against an action for the purchase-money, by proof of want of title in the vendor. In the course of the opinion in that case it was said: -“We think no defense can be made to an action for the purchase-money, when the facts relied upon to make it would not, if the parties were changed, and the money had been paid, enable the vendee to recover it back for the breach of the warranty of title.” The defendants would not be entitled to such recovery on the facts…
2Cases cited3 opinions
- O'Brien v. . JonesNew York Court of Appeals · 1883
- Ogburn v. OgburnSupreme Court of Alabama · 1836
- Harris v. Rowlands' Adm'rsSupreme Court of Alabama · 1853
3Cited by13 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Stone v. WalkerSupreme Court of Alabama · 1917
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Courtney v. GordonMontana Supreme Court · 1925
- Americanized Finance Corporation v. YarbroughSupreme Court of Alabama · 1931
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