Brown & Co. v. Matthews
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. HARALSON. Action by E. E. Matthews against J. B. Brown & Co. and others, for damages for breach of warranty in the sale of stock. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear from the opinion. The following charges were refused to defendant: (2) Under the evidence a warranty of the soundness of the mare given by Hubbard would not be binding on either Brown or Gilbreath.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. HARALSON. Action by E. E. Matthews against J. B. Brown & Co. and others, for damages for breach of warranty in the sale of stock. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear from the opinion. The following charges were refused to defendant: (2) Under the evidence a warranty of the soundness of the mare given by Hubbard would not be binding on either Brown or Gilbreath. (3) Unless the jury find against defendant Hall, they cannot find against either of defendants. (6) A warranty of the soundness of the…
1Opinion of the CourtBrown, J.
This action is for breach of warranty as to the soundness of a mare, which the plaintiff alleges he purchased from the defendants, and which, as is alleged in the complaint, “the defendants warranted to be sound, healthy, and free from disease, when in fact the said mare was unsound and diseased *430and died * * * from disease and unsoundness with which she was affected at the time of the sale and warranty.”(1) The action is ex contractu on a joint obligation of all the defendants, and the plea of the general issue put upon the plaintiff the burden of proving the case as laid in the complaint.—…
2Cases cited8 opinions
- Branson v. TurnerSupreme Court of Missouri · 1883
- Daigre v. Julius Levin & Co.Supreme Court of Louisiana · 1895
- Hill v. NorthSupreme Court of Vermont · 1861
- Pratt Consolidated Coal Co. v. DavidsonSupreme Court of Alabama · 1911
- Fletcher & Bullock v. YoungSupreme Court of Georgia · 1882
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