Alexander v. Mobile Auto Co.
Supreme Court of Alabama
Appeal from Law and. Equity Court, Mobile County; Saffold Berney, Judge. Assumpsit by the Mobile Auto Company against John Alexander. Judgment for plaintiff, and defendant appeals.
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Appeal from Law and. Equity Court, Mobile County; Saffold Berney, Judge. Assumpsit by the Mobile Auto Company against John Alexander. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 449. Replication, No. 1, as amended, is as follows: That on or about August 1, 1915, which time was after there had been a default iix one or more of' the notes sued upon, and which were given to secure the bill of sale set forth in plaintiff’s complaint, plaintiff took possession of the automobile delivered to defendant under said bill…
1Opinion of the CourtThomas, J.
This ease presents the unusual question, whether the owner of personal property which he has contracted to sell can have a mechanic’s lien thereon for repairs made at the request of the purchasing party in possession of the property.
The facts set out in the pleading ar.e that appellee, Mobile Auto Company, contracted to sell appellant an automobile for $600; that most of the agreed purchase price was to be paid in 36 weekly installments. The contract in writing executed by the parties on March 6, 1915, contained the following stipulations:
“It is expressly agreed that the delivery of…
2Cases cited32 opinions
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Forthman v. DetersIllinois Supreme Court · 1903
- Van Winkle v. CrowellSupreme Court of the United States · 1892
- Grant v. United StatesSupreme Court of the United States · 1869
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
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3Cited by43 opinions
- Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
- Ivy v. HoodSupreme Court of Alabama · 1918
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- State v. White Furniture Co.Supreme Court of Alabama · 1921
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
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