Goddard & Sons v. Garner Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This was an action by E. Goddard & Sons, a private corporation, against Barton Garner and others, partners composing the firm of Garner Bros. The complaint contained the common counts. The claim of the plaintiff on the trial was that it had- sold a car load of flour ■ to the defendants, through W. B. Goodbread & Co., brokers and commission ‘ merchants.
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Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This was an action by E. Goddard & Sons, a private corporation, against Barton Garner and others, partners composing the firm of Garner Bros. The complaint contained the common counts. The claim of the plaintiff on the trial was that it had- sold a car load of flour ■ to the defendants, through W. B. Goodbread & Co., brokers and commission ‘ merchants. The defendants denied that they had purchased the flour. The evidence on this .issue was conflicting. The rulings upon the evidence, to which exceptions .were…
1Opinion of the Court
McCLELLAN, J..
The obvious tendency of the testimony of Joseph H. Goddard, to the effect that “when a broker makes a sale, the party purchasing receives a memorandum describing the sale, and the party selling receives a similar memorandum, neither ‘ party to the transaction receiving any writing from the other, and each receiving a memorandum from the broker, who is an intermediate man, representing both,” was to show that the defendant had received notice of the fact that certain brokers had given plaintiffs an order to ship a car load of flour to them, the defendants, at Ozark, and had…
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