Rodgers v. Crook
Supreme Court of Alabama
Appeal from tbe Circuit Court of Calboun. Tried, before Hon. L. E. Bos. Action by J. F. Bodgers against James Crook to recover tbe price of some Jersey cattle alleged to bave been sold by plaintiff to defendant.
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Appeal from tbe Circuit Court of Calboun. Tried, before Hon. L. E. Bos. Action by J. F. Bodgers against James Crook to recover tbe price of some Jersey cattle alleged to bave been sold by plaintiff to defendant. On tbe trial of tbe case tbe testimony for tbe plaintiff tended to sbow tbat tbe parties to tbis suit met at Alexandria, Ala., during tbe last week of June, 1890, wben tbe plaintiff told defendant be wished to sell bis farm and berd of Jersey cattle ; tbat be could easily find a purchaser for bis farm, but could not find a purchaser who was willing to take tbe cattle. Tbat thereupon…
1Opinion of the CourtMoCLELLAN, J.
— We can not see that the fact that Rodgers sold his farm after the transaction between him and Crook, the defendant, with reference to the former’s herd of Jersey cattle, throws any light upon the inquiry as to whether that transaction was a sale or a bailment. As we understand the evidence, it shows that while the contemplated sale of the farm depended upon plaintiff’s making some disposition of the cattle, it did not depend on his making a sale of them, but to the contrary a bailment of them, such as defendant’s evidence tends to show, would equally as well have subserved plaintiff’s…
2Cases cited4 opinions
- Winslow v. StateSupreme Court of Alabama · 1884
- East v. PaceSupreme Court of Alabama · 1877
- Street v. NelsonSupreme Court of Alabama · 1880
- Smith v. DinkelspielSupreme Court of Alabama · 1890
3Cited by5 opinions
- Pollack v. Gunter & GunterSupreme Court of Alabama · 1909
- Wooldridge v. StateSupreme Court of Florida · 1905
- May Hosiery Mills v. Munford Cotton MillsSupreme Court of Alabama · 1920
- Orr v. StewartAlabama Court of Appeals · 1915
- Johnson v. StateAlabama Court of Appeals · 1918