Brannum v. Wertheimer-Swartz Shoe Co.
Supreme Court of Alabama
Appeal.from the Circuit Court of Madison. Tried before the Hon. John H. Sheeeey, Special Judge. This action was brought by the appellee against the appellants. The complaint contained the common counts for goods sold and delivered.
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Appeal.from the Circuit Court of Madison. Tried before the Hon. John H. Sheeeey, Special Judge. This action was brought by the appellee against the appellants. The complaint contained the common counts for goods sold and delivered. The defense was that- the partnership which had previously existed between the defendants .was dissolved before the goods were delivered, and that there was a countermanding of the order after the dissolution of the partnership, but the contract of sale had been made. The facts in reference to the making of the contract are sufficiently stated in the opinion. It…
1Opinion of the CourtColeman, J.
This is an action by appellee in assumpsit to recover for merchandise sold and delivered. Plaintiff introduced evidence that defendants, as partners, made a contract of purchase of the goods on or about the 1st of May, 1894, to be shipped later, at a stipulated price'. It was in evidence that ■ on June 4th afterwards, the partnership of J. C. & W. T. Brannum was dissolved, W. T. Brannum retiring from the firm. There was some evidence tending to show that before the goods were shipped, plaintiff was notified of the dissolution of the firm, and an order given by the defendants, not to ship the…
2Cases cited1 opinion
- First National Bank v. CheneySupreme Court of Alabama · 1896
3Cited by2 opinions
- Scheuer v. WiseSupreme Court of Alabama · 1925
- Birmingham News Co. v. McConnellSupreme Court of Alabama · 1932