Harmon v. Goetter, Weil & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by Goetter, Weil & Co., suing as partners, againt John E. Harmon, to recover certain goods which plaintiffs had sold to Harmon Brothers, with damages for their detention; and was commenced on the 7th January, 1887. The transcript contains what purports to be a bill of exceptions, but it is not signed by the presiding judge, and the record shows no agreement or admission…
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by Goetter, Weil & Co., suing as partners, againt John E. Harmon, to recover certain goods which plaintiffs had sold to Harmon Brothers, with damages for their detention; and was commenced on the 7th January, 1887. The transcript contains what purports to be a bill of exceptions, but it is not signed by the presiding judge, and the record shows no agreement or admission supplying the defect. It is shown by this bill that one of the plaintiffs testified, on the trial, that the goods sued for…
1Opinion of the CourtStone, C. J.
This action counts in detinue; being brought by the appellees against the appellant, for the recovery in specie of certain described articles of merchandise.
1. The goods were sold to the vendors of the defendant by the plaintiffs, upon the condition that the price therefor was to be paid upon the receipt of an invoice of the goods. This rendered the transaction between the plaintiffs in this action and the sellers of the defendant, a sale for cash. Until the fulfillment of the condition — the payment of the price of the goods — the sale was not completed, and the title to the goods .remained…
2Cases cited5 opinions
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Fairbanks, Morse & Co. v. Eureka Co.Supreme Court of Alabama · 1880
- Jones v. PullenSupreme Court of Alabama · 1880
- McCall v. PowellSupreme Court of Alabama · 1879
- Reid v. MoultonSupreme Court of Alabama · 1874
3Cited by12 opinions
- Eaton v. StateAlabama Court of Appeals · 1918
- Boulden v. Estey Organ Co.Supreme Court of Alabama · 1890
- Barksdale v. BanksSupreme Court of Alabama · 1921
- Masoner v. BellSupreme Court of Oklahoma · 1908
- Moore v. LongSupreme Court of Alabama · 1947
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