Stallings v. Savage
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge.' Action by J. E. Stallings against H. J. Savage, doing business as the Etowah Motor Company, for damages for a breach of an agreement to equip an automobile. Judgment for the defendant, and the plaintiff appeals.
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Appeal from Circuit Court, Etowah County; O. A. Steele, Judge.' Action by J. E. Stallings against H. J. Savage, doing business as the Etowah Motor Company, for damages for a breach of an agreement to equip an automobile. Judgment for the defendant, and the plaintiff appeals. Transferred front Court of Appeals under section 6, p. 450, Acts 1911. Parol 'evidence was admissible to show the agreement, and the evidence offered did not offend the general rule. 75 Ala. 487; 75 Ala. 342; 145 Ala. 677, 40 South. 49; 145 Ala. 665, 39 South. 7^9; 151 Ala. 643, 44 South. 557; 72 Ala. 286; 118 Ala. 563,…
1Opinion of the CourtMcCLELLAN, J.
The plaintiff, appellant, sued the appellee -for damages for breach of contract in the sale of a “secondhand” automobile, by the latter to. the former; title being retained by the seller until full payment of the purchase price. The plaintiff’s contention was that the defendant engaged to put lights on the car; to fix the self-starter; and to renew the battery. At the time of the sale an elaborate writing was signed by the plaintiff. In this writing it was stated, “This constitutes the entire purchase contract.” There was no provision in the writing imposing upon the seller the obligation to…
2Cases cited4 opinions
- Frierson v. FrazierSupreme Court of Alabama · 1904
- Vandegrift v. Abbott.Supreme Court of Alabama · 1883
- Thompson Foundry & Machine Co. v. GlassSupreme Court of Alabama · 1902
- Morningstar v. QuerensSupreme Court of Alabama · 1904
3Cited by7 opinions
- Bussey v. John Deere Co.Supreme Court of Alabama · 1988
- Colafrancesco v. Crown Pontiac-GMC, Inc.Supreme Court of Alabama · 1986
- Ison Finance Co. v. GlasgowSupreme Court of Alabama · 1957
- Griffin v. Tatum Chevrolet Co.Supreme Court of Alabama · 1936
- Woodall v. Malone-Harrison Motor Co.Supreme Court of Alabama · 1929
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