Winter-Loeb Grocery Co. v. Boykin
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by L. H. Boykin and others against the Winter-Loeb Grocery Company for breach of warranty in a sale of seeds. From judgment for plaintiffs, defendant appeals.
Read the full summary
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by L. H. Boykin and others against the Winter-Loeb Grocery Company for breach of warranty in a sale of seeds. From judgment for plaintiffs, defendant appeals. As originally filed, the complaint was by L. H. Boykin, and sought recovery for a breach of warranty in a sale of certain seeds warranted to plaintiff to be Texas Ribbon cane seed, whereas they were a mixture of broom corn and cane seed which produced a crop of greatly less value than would have been the crop produced if said seed had been as warranted by the…
1Opinion of the CourtAnderson, C. J.
The complaint as amended contained three counts, the first two being upon a contract for a breach of warranty in the sale of certain seed, and the third was ex delicto; but, as it was charged out by the trial court, we are only concerned with the first two counts upon this appeal.
[1, 2] The amendment did not work an entire change of parties and was permissible. Code 1907, §§ 2490 and 5367. Nor were counts 1 and 2 as amended subject to defendant’s demurrer. They disclosed a joint cause of action on the part of L. H. Boykin, the original plaintiff, and his coplaintiffs, as added by way of…
2Cases cited5 opinions
- Smith v. WilliamsSupreme Court of Georgia · 1903
- Wilcox, Gribbs & Co. v. HendersonSupreme Court of Alabama · 1879
- Grafton-Stamps Drug Co. v. WilliamsMississippi Supreme Court · 1913
- Jackson v. BushSupreme Court of Alabama · 1886
- McCord v. LoveSupreme Court of Alabama · 1841
3Cited by11 opinions
- Montgomery v. SparksSupreme Court of Alabama · 1932
- Stokely-Van Camp, Inc. v. FergusonSupreme Court of Alabama · 1959
- Lauderdale County Cooperative, Inc. v. LansdellSupreme Court of Alabama · 1955
- Gore v. GoreSupreme Court of Alabama · 1948
- Davis v. AndersonSupreme Court of Alabama · 1932
6 more not listed; retrieve them via the Exa API.