Ryerson Grain Co. v. Moyer
Alabama Court of Appeals
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Action by J. E. Moyer against tlie Ryerson Grain Company, for a breach of warranty in the sale of hay. Judgment for plaintiff and defendant appeals.
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Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Action by J. E. Moyer against tlie Ryerson Grain Company, for a breach of warranty in the sale of hay. Judgment for plaintiff and defendant appeals. Charge 3 is as follows: “If the jury believe from the evidence that plaintiff accepted the hay and disposed of it without making any complaint to defendant as to its quality, then I charge, you that plaintiff accepted same, and cannot recover in this case, and it will be your duty to return a verdict for defendant.” It appears from the evidence that plaintiff bought of defendant…
1Opinion of the Court
WALKER, P. J. —
After the plaintiff, as a AAdtness in his oAvn behalf, had testified that he Avas in the brokerage business, and kneAv the prices of alfalfa hay in Sheffield, he was asked Avhat Avas the market value of pea-green alfalfa hay in Sheffield. The defendant objected to the question “on the ground that the same Avas illegal, irrelevant, and immaterial.” Plainly the court is not to be charged Avitlx error for overruling this general objection to the question. Such an objection may be overruled Avhen the eAidence which the question may elicit is not manifestly illegal and irrelevant,…
2Cases cited4 opinions
- Hudson v. StateSupreme Court of Alabama · 1902
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- Bufford v. LittleSupreme Court of Alabama · 1909
- Mobile & Ohio Railroad v. MinorAlabama Court of Appeals · 1913
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- East Pratt Coal Co. v. JonesAlabama Court of Appeals · 1917
- Turner v. StateAlabama Court of Appeals · 1916