Tuscaloosa Lumber Co. v. Tropical Paint & Oil Co.

The action is in assumpsit. Defendant pleaded in short by consent — the general issue, payment, accord, satisfaction, novation. The trial, had before the court without a jury and on documentary evidence and testimony given ore tenus resulted in judgment for the plaintiff.' Motion to have the judgment set aside and a new trial granted was overruled. '

If the defendant repudiated the contract of sale yet it received, used, or sold the goods of the invoice price and unless there was a novation or payment of the debt, it is liable therefor in assumpsit. Privity o(f contract is not- necessary to…