Hall & Long v. Jones
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before the Hon. John H. Cunningham.’ This action was brought by the appellants, suing as partners, against W. B. Jones, as a member of the late firm of Hannon, Brown & Jones; and was commenced on the 18th June, 1870. The complaint contained only the common count for goods sold and delivered by plaintiffs to said Han-non, Brown & Jones during the year 1868, and the common count for money paid by plaintiffs for said Hannon, Brown…
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Appeal from tbe City Court of Montgomery. Tried before the Hon. John H. Cunningham.’ This action was brought by the appellants, suing as partners, against W. B. Jones, as a member of the late firm of Hannon, Brown & Jones; and was commenced on the 18th June, 1870. The complaint contained only the common count for goods sold and delivered by plaintiffs to said Han-non, Brown & Jones during the year 1868, and the common count for money paid by plaintiffs for said Hannon, Brown & Jones during said year, 1868. The defendant pleaded “ the general issue, in short by consent, with leave to give in…
1Opinion of the CourtStone, J.
When goods were consigned by Hall & Long to Hannon, Brown & Jones, and received by them as commission merchants, this constituted a contract, binding on each of the partners composing the latter firm, to account for the goods, or their proceeds. Such liability could not be cancelled by any act of the latter firm alone, or by any agreement its different members might make among themselves, in which Hall & Long did not concur. It requires the same mutuality to vary or modify a contract, as it does to create it in the first instance; for modification is only a species of contract. The mutual…
2Cases cited2 opinions
- Thomason v. DillSupreme Court of Alabama · 1857
- Offutt v. ScottSupreme Court of Alabama · 1872
3Cited by9 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- A. F. Shapleigh Hardware Co. v. Wells & ChestnuttTexas Supreme Court · 1896
- Webb v. ButlerSupreme Court of Alabama · 1915
- Dean & Co. v. CollinsNorth Dakota Supreme Court · 1906
- Regester v. DodgeU.S. Circuit Court for the District of Eastern New York · 1881
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