Johnson v. Carden
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by E. S. Carden against T. P. Johnson for breach of a contract to purchase machinery. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by E. S. Carden against T. P. Johnson for breach of a contract to purchase machinery. Judgment for plaintiff and defendant appeals. There was a rescission of the sale when Johnson declined to receive the machinery, and Carden undertook to sell the same in open market.—Eagan Go. v. Johnson, 82 Ala. 233; Frith v. Holland, 133 Ala. 586. Appellant was entitled to the affirmative charge under the fourth count of the complaint.-—Young v. Amts., 86 Ala. 116; Shepherd v. Dowling, 103 Ala. 560; Bingham v. Damdson, 141 Ala. 551.…
1Opinion of the CourtMcCLELLAN, J.
This action, instituted by appellee against appellant, is for breach of a contract entered into between Carden as seller and Johnson as buyer, in that Johnson failed to accept the subject-matter of the dealing—viz., machinery—and also failed to ship to Carden 3,000 cement blocks, which was the agreed purchase or exchange consideration for said machinery. The pleas, in short, by consent were: “General issue, breach of warranty, and rescission.”
The machinery was, when the parties engaged, located at Oakman, Ala., had been used in plaintiff’s sawmill enterprise, and was, to generally describe…
2Cases cited6 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Penn v. SmithSupreme Court of Alabama · 1893
- Ramming v. CaldwellAppellate Court of Illinois · 1892
- Penn & Co. v. SmithSupreme Court of Alabama · 1890
- Penn & Co. v. SmithSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lamb v. OttoCalifornia Court of Appeal · 1921
- Starr Jobbing House v. May Hosiery MillsSupreme Court of Alabama · 1922
- Southern States Co. v. LongAlabama Court of Appeals · 1916
- Durbin v. DenhamOregon Supreme Court · 1922
- Southern States Co. v. LongAlabama Court of Appeals · 1916
3 more not listed; retrieve them via the Exa API.