Penn & Co. v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellees, Smith, Grainger & Cantrell, suing as partners, against the appellants, Penn & Co., to recover damages for the breach by the defendants of a contract for the purchase by them from the plaintiffs of a quantity of flour, at specified prices.
Read the full summary
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellees, Smith, Grainger & Cantrell, suing as partners, against the appellants, Penn & Co., to recover damages for the breach by the defendants of a contract for the purchase by them from the plaintiffs of a quantity of flour, at specified prices. The facts of the case, on the present appeal, are substantially the same as those found in the report of the case on the former appeals, reported in 93 Ala. 476 and 98 Ala. 560. Upon the last trial of the cause, after its second…
1Opinion of the CourtBrickell, C. J.
This is the third appeal in this case. The former decisions hold, that the contract of sale was negotiated by the exhibition to the buyers of samples of the flour proposed to be sold, from which resulted an implied warranty on the part of the sellers that the bulk of the flour when delivered would correspond to the samples. That in the present action, the burthen of proving the correspondence rested upon the sellers. If the bulk of the flour offered to be delivered, did not correspond to the samples, the buyers could properly refuse to receive it and to pay the purchase money. If there was…
2Cases cited5 opinions
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Young & Co. v. CuretonSupreme Court of Alabama · 1888
- Penn v. SmithSupreme Court of Alabama · 1893
- Penn & Co. v. SmithSupreme Court of Alabama · 1890
- Harralson & Co. v. SteinSupreme Court of Alabama · 1874
3Cited by9 opinions
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Winner Intern. Corp. v. Common Sense, Inc.Supreme Court of Alabama · 2003
- Johnson v. CardenSupreme Court of Alabama · 1914
- Austin v. BeallSupreme Court of Alabama · 1910
4 more not listed; retrieve them via the Exa API.