Vandeventer & Co. v. Ford
Supreme Court of Alabama
Appeal from tbe Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by John D. Yandeventer and John Yan Yalkenburg, suing as partners, against John J. Ford and Daniel A. Moseley, to recover damages for the breach of a special contract, by the terms of which, as alleged in the complaint, the plaintiffs ordered a fence for the defendants, at their request, from the “American Fence Company,” at Cleveland, Ohio; but the defendants refused to…
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Appeal from tbe Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by John D. Yandeventer and John Yan Yalkenburg, suing as partners, against John J. Ford and Daniel A. Moseley, to recover damages for the breach of a special contract, by the terms of which, as alleged in the complaint, the plaintiffs ordered a fence for the defendants, at their request, from the “American Fence Company,” at Cleveland, Ohio; but the defendants refused to receive the fence when tendered, because it was not made altogether of iron, as they insisted it should have been. The…
1Opinion of the CourtStone, J.
We feel bound to reverse this case. The fact that defendants, after they refused to receive the fence ordered for them by plaintiffs, ‘ actually purchased an iron fence,’ and the amount paid for such fence, were wholly irrelevant to the issues on trial in this cause. Their tendency was, at least, to confuse and distract the minds of the jurors, if not to mislead them.—Crews v. Threadgill, 35 Ala. 334; Storey v. Union Bank, 34 Ala. 687: Tanner v. Louisville and Nashville Railroad, at the present term; Sayre v. Durwood, 35 Ala. 247; 1 Brick. Dig. 808. See, also, authorities on brief of…
2Cases cited7 opinions
- Crews v. ThreadgillSupreme Court of Alabama · 1859
- Mays v. WilliamsSupreme Court of Alabama · 1855
- Sayre v. DurwoodSupreme Court of Alabama · 1859
- Jarrell v. LillieSupreme Court of Alabama · 1866
- Lindsey v. PerrySupreme Court of Alabama · 1840
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3Cited by15 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
10 more not listed; retrieve them via the Exa API.