Sturdivant v. Mt. Dixie S. L. & I. Co.
Supreme Court of Alabama
Appeal from Shelby County Court. Heard before Hon. E. S. .Lyman. Detinue by W. H. Sturdivant against the Mt. Dixie Sanitarium, Land & Investment Company and others. Judgment for defendants, and plaintiff appeals.
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Appeal from Shelby County Court. Heard before Hon. E. S. .Lyman. Detinue by W. H. Sturdivant against the Mt. Dixie Sanitarium, Land & Investment Company and others. Judgment for defendants, and plaintiff appeals. The suit was for certain electric power plant fixtures sold by the Southern Wesco Supply Company, the name of which company was later changed to the Turner Electric Supply Company, the contract and notes concerning the sale of the same being afterwards transferred and delivered to W. H. Sturdivant, who had indorsed the notes of the purchaser and had to pay them. The contention as to…
1Opinion of the CourtGardner, J.
This suit grows out of the sale of certain machinery and fixtures by the Southern Wesco Supply Company to Mt. Dixie Sanitarium, Land & Investment Company. The contract had inserted therein a clause retaining the title to all material sold until paid for in full. The concluding paragraph of the contract reads as follows: “The foregoing contract is subject to approval of an executive officer of the party of the first part. It shall not be binding upon the party of the first part *282until so approved, and if this proposal or contract is not ratified by party of the first part within five days then…
2Cited by9 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- American Nat. Ins. Co. v. FewSupreme Court of Alabama · 1932
- Bishop v. Swift & Co.Supreme Court of Alabama · 1937
- Dunn Const. Co. v. WhiteSupreme Court of Alabama · 1923
- County Board of Education v. Cement Products Co.Supreme Court of Alabama · 1923
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