Maas & Schwarz v. Montgomery Iron Works
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. This action was brought by the “ Montgomery Iron Works,” against Maas & Schwarz as partners, and was commenced in June, 1888. The complaint contained two counts, each in common form claiming $250 due by account on the 15th December, 1886, for merchandise, goods and chattels soldby plaintiff, on the 8th September, 1886, to W. J. Stoddard, as alleged in the first count, at the request of the defendants;…
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Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. This action was brought by the “ Montgomery Iron Works,” against Maas & Schwarz as partners, and was commenced in June, 1888. The complaint contained two counts, each in common form claiming $250 due by account on the 15th December, 1886, for merchandise, goods and chattels soldby plaintiff, on the 8th September, 1886, to W. J. Stoddard, as alleged in the first count, at the request of the defendants; or, as alleged in the second count, sold to the defendants themselves. The defendants pleaded — -1st, the general…
1Opinion of the CourtClopton, J.
-The plea of the statute of frauds having been abandoned, the general issue and the failure of consideration are the only pleas filed to the action, which was brought by the appellee to recover the price of an engine and boiler shipped to W. J. Stoddard at the request of appellants. The presiding judge, to whose decision the facts were submitted without the intervention of a jury, found there had been a compliance on the part of the plaintiff with the agreement with Stoddard to put the engine and boiler, which were second-hand, in good running order. Notwithstanding the testimony may be…
2Cases cited5 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Holloway v. TalbotSupreme Court of Alabama · 1881
- Jonas v. KingSupreme Court of Alabama · 1886
- Bates v. StarrSupreme Court of Alabama · 1844
- Anderson v. AndersonCourt of Appeals of Kentucky · 1836
3Cited by4 opinions
- Smith v. SharpeSupreme Court of Alabama · 1909
- Catts v. PhillipsSupreme Court of Alabama · 1928
- Jos. Joseph. & Bros. v. Hoffman & McNeillSupreme Court of Alabama · 1911
- Cassels v. Alabama City, G. & A. Ry. Co.Supreme Court of Alabama · 1916