McCormack Harvesting Machine Co. v. Lowe
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by the McCormack Harvesting Machine Company against H. W. Lowe. There was judgment for plaintiff which on motion was set aside and a new trial granted to defendant, from which judgment plaintiff appeals.
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Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Assumpsit by the McCormack Harvesting Machine Company against H. W. Lowe. There was judgment for plaintiff which on motion was set aside and a new trial granted to defendant, from which judgment plaintiff appeals. The evidence ivas manifestly in favor of the verdict and the judgment of the court granting a new trial should he reversed. — White v. Blair, 95 Ala. 147; Dillard v. Savage, 98 Ala. 598; Lee v. DeBardelaben, 102 Ala. 628. The affidavit as to surprise is not sufficient to overcome the evidence in the case.— Wells…
1Opinion of the CourtDowdell, J.
This appeal is taken from a judgment of the court granting a new trial. Thé suit was brought upon several notes. The defendant, among other pleas, pleaded a failure of consideration. Issue was joined on the plea. The consideration of the note sued on was a binder machine sold by the plaintiff to *315the defendant and to be delivered at a future day. The undisputed evidence showed that the defendant never had possession of the machine. There was a conflict in the testimony as to where the machine was to be delivered to the defendant; the testimony of the defendant being that the machine Avas to be…
2Cited by25 opinions
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- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Jones v. BellSupreme Court of Alabama · 1917
- Morrison v. ClarkSupreme Court of Alabama · 1916
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