Owensboro Wagon Co. v. Hall
Supreme Court of Alabama
Appeal from Bessemer .City Court. Tried before the Hon. B. C. Jones. This action was brought by the appellant against the appellee, John A. Hall; the complaint claiming an indebtedness on account, account stated, and for goods, wares and merchandise sold and delivered by the plaintiff to the defendant. Seven pleas were- filed, of which it is unnecessary to notice others than the 4th, 5th and 7th.
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Appeal from Bessemer .City Court. Tried before the Hon. B. C. Jones. This action was brought by the appellant against the appellee, John A. Hall; the complaint claiming an indebtedness on account, account stated, and for goods, wares and merchandise sold and delivered by the plaintiff to the defendant. Seven pleas were- filed, of which it is unnecessary to notice others than the 4th, 5th and 7th. The fourth plea-, after setting out the'contract under which the wagons were delivered, the purport of which is shown by, the opinion, alleged that, before the expiration of the twelve months, the…
1Opinion of the CourtAnderson, J.
The contract in this case makes the defendant, the agent of the plaintiff for the sale of its wagons, with the right to treat him as purchaser of all the unsold wagons, should it so elect, after the expiration of twelve months, or iu the event the defendant went out of the mercantile business,, but did not specify any time for the termination of the agency.
The defendant had the right to terminate the agency at any time before twelve months, or before going out of business, without giving the plaintiff the right to treat him as a purchaser, hut, as the plea does not aver that the defendant…
2Cited by4 opinions
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- Slate v. EastmanSouth Dakota Supreme Court · 1922