Zimmern v. Standard Motor Car Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action in assumpsit by the Standard Motor Oar Company against Samuel Zimmern. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action in assumpsit by the Standard Motor Oar Company against Samuel Zimmern. Judgment for the plaintiff, and the defendant appeals. Transferred from Court of Appeals, under section 6, Acts 1911, p. 449. Charge 8 given for the plaintiff is as follows: “T charge you that, if you believe that the order for this truck in question was signed by the defendant after the conversation was had between Mr. Steele and defendant over the telephone, then no conversation on the part of Steele, or representations as made by him after the…
1Opinion of the CourtThomas, J.
The plaintiff brought suit to recover payment for a Winther gasoline truck. Defendant replied with the general issue and special pleas alleging that the note made the foundation of the suit was in payment for the truck indicated, and alleging and reciting the misrepresentations on the part of the vendor’s agent that induced its purchase.
After introduction of the evidence, plaintiff requested in writing charge No. 3, the giving of which is made the basis of assignment of error. Supporting the charge was testimony tending to show that on the day the truck was ordered plaintiff’s sales agent,…
2Cases cited47 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Holden v. Trust Co.Supreme Court of the United States · 1879
- Pilgreen v. StateSupreme Court of Alabama · 1882
42 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mahone v. Birmingham Electric Co.Supreme Court of Alabama · 1954
- Salotti v. Seaboard Coast Line Railroad Co.Supreme Court of Alabama · 1974
- De Moville v. Merchants & Farmers BankSupreme Court of Alabama · 1939
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Staples v. PearsonSupreme Court of Alabama · 1935
9 more not listed; retrieve them via the Exa API.