Hurst v. Fitz Water Wheel Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by the Fitz Water Wheel Company against K. L. Hurst for the price of goods sold. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals.
1Opinion of the CourtMayfield, J.
Action on account for the price of a water wheel. The attempted defenses were that plaintiff was a foreign corporation, and that it had not complied with the constitutional and statutory provisions, conformity to which was necessary to entitle it to do business in this state, and breaches of warranty as to the capacity and efficiency of the wheel. There was no dispute as to the facts that plaintiff was a foreign corporation, and that it had not complied with the provisions of the Constitution, or of section 3642 of the Code, as to corporations doing business in Alabama. The disputed question…
2Cases cited6 opinions
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- American Amusement Co v. East Lake Chutes Co.Supreme Court of Alabama · 1911
- American Union Telegraph Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1880
- Maxwell v. ShermanSupreme Court of Alabama · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ford Motor Co. v. Hall Auto Co.Supreme Court of Alabama · 1933
- Puffer Manufacturing Co. v. KellySupreme Court of Alabama · 1916
- Loudonville Milling Co. v. DavisSupreme Court of Alabama · 1948
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- State v. Plantation Pipe Line CompanySupreme Court of Alabama · 1956
8 more not listed; retrieve them via the Exa API.