Behrman v. Newton
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Carmichael. This was an action brought by the appellants, Behrman & Winter, against the appellee, W. F. Newton, to recover damages for the alleged breach of contract of sale, which had been entered into by the plaintiff and the defendant. The facts of the case are sufficiently stated in the opinion. The goods were in Dothan at the time of sale.
Read the full summary
Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Carmichael. This was an action brought by the appellants, Behrman & Winter, against the appellee, W. F. Newton, to recover damages for the alleged breach of contract of sale, which had been entered into by the plaintiff and the defendant. The facts of the case are sufficiently stated in the opinion. The goods were in Dothan at the time of sale. Upon' the cross-examination of the plaintiffs, they were asked "If they had insurance on the goods?” The plaintiffs objected to this question, on the ground that it called .for…
1Opinion of the CourtColeman, J.
This was an action brought to recover damages for the breach of an agreement, entered into between the plaintiffs and defendant, for the sale of a certain stock of goods, the purchase price being fixed *529at a certain per cent, on the cost mark of the goods. The breach averred, is that the defendant refused to accept the goods according to contract. The defendant pleaded in short by consent, 1st. The general issue; 2d, recoupment. There were no other pleas, and issue was joined upon these pleas. No facts are admissible in evidence which are not directed to the support of the facts averred in the…
2Cases cited5 opinions
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- Rowe v. BaberSupreme Court of Alabama · 1890
- Vandeventer & Co. v. FordSupreme Court of Alabama · 1877
- Ewing & Gaines v. Shaw & Co.Supreme Court of Alabama · 1887
- Acklen's v. HickmanSupreme Court of Alabama · 1877
3Cited by9 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Theo Poull & Co. v. Foy-Hays Construction Co.Supreme Court of Alabama · 1909
- Hill v. HydeSupreme Court of Alabama · 1929
- Birmingham Railway Light & Power Co. v. MartinSupreme Court of Alabama · 1906
- American Oak Extract Co. v. RyanSupreme Court of Alabama · 1895
4 more not listed; retrieve them via the Exa API.