Ashland Oil Mill & Fertilizer Co. v. Lane
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; Leon McC'ord, Judge. Action by J. L. Lane against tbe Ashland Oil Mill & Fertilizer Company. Judgment for plaintiff, and defendant appeals. Transferred from tbe Court of Appeals under Acts 1911, p. 449, § 6. Appellee (plaintiff) sues appellant (defendant) for 15,30S pounds of cotton seed; and also, under a separate count, for tbe conversion of said seed.
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Appeal from Circuit Court, Clay County; Leon McC'ord, Judge. Action by J. L. Lane against tbe Ashland Oil Mill & Fertilizer Company. Judgment for plaintiff, and defendant appeals. Transferred from tbe Court of Appeals under Acts 1911, p. 449, § 6. Appellee (plaintiff) sues appellant (defendant) for 15,30S pounds of cotton seed; and also, under a separate count, for tbe conversion of said seed. The complaint was afterwards amended by adding counts A, B, and C, which are tbe common counts for money due by account, mercbandise, goods, and chattels, sold by the plaintiff to the defendant, and on…
1Opinion of the CourtGardner, J.
It is first insisted by counsel for appellant that the court erred in refusing in the oral instruction to charge the jury that, if they found for the plaintiff under the first count of the complaint, they must find for the specific property sued for, or its alternate value. Evidently counsel intend to insist upon the failure of the court in the oral charge to use this specific language, as there is nothing in the record to indicate any refusal of the court to do so. No charge refused to the defendant, as found in the record, has reference to that matter, and no exception was reserved to any…
2Cases cited4 opinions
- Tabler, Crudup & Co. v. Sheffiield Land, Iron & Coal Co.Supreme Court of Alabama · 1885
- Riddle v. BlairSupreme Court of Alabama · 1906
- McGowan v. LynchSupreme Court of Alabama · 1907
- Riddle v. BlairSupreme Court of Alabama · 1909
3Cited by1 opinion
- Agricultural Ins. v. ConstantineOhio Supreme Court · 1944