Talladega Fertilizer & Mfg. Co. v. Farmers' Union Wharehouse Co.
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hon. James J. Ray. Action by the Talladega Fertilizer & Manufacturing Company against the Farmers’ Union Warehouse Company on a promissory note given for the sale of commercial fertilizer. Judgment for defendant, and plaintiff appeals.
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Appeal from Walker Circuit Court. Heard before Hon. James J. Ray. Action by the Talladega Fertilizer & Manufacturing Company against the Farmers’ Union Warehouse Company on a promissory note given for the sale of commercial fertilizer. Judgment for defendant, and plaintiff appeals. The plea referred to in the opinion is as follows: “That the consideration for the note sued on was commercial fertilizer sold by plaintiff to defendant, and ■at the time of said sale of said fertilizer the plaintiff had no license authorizing it to sell fertilizer, as required by the statutes of the state.” The…
1Opinion of the Court
de GRAFFENRIED, J.
This suit was brought by the appellant against the appellee upon a promissory note, which the complaint alleges was executed by the appellee to appellant. The consideration of the note was commercial fertilizer sold by appellant to appellee, and at the time of the sale the appellant had failed to take out a license, as provided in section 2 of an act entitled “An act to regulate the registration, branding, selling, tagging, and analysis of commercial fertilizer, acid phosphates, fertilizing materials, and chemicals in the state of Alabama,” approved March 3, 1903 (Laws 1903,…
2Cases cited3 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Edisto Phosphate Co. v. StandfordSupreme Court of Alabama · 1895
3Cited by4 opinions
- Bowdoin v. Alabama Chemical Co.Supreme Court of Alabama · 1918
- State v. LamarAlabama Court of Appeals · 1911
- In re BrownDistrict Court, N.D. Alabama · 1938
- Morgan v. Whatley & WhatleySupreme Court of Alabama · 1920