Jemison v. Woodruff & Beach
Supreme Court of Alabama
Appeal from tbe Circuit Court, of Tuskaioosa. Tried before the Hon. E. W. Pettus. Tins action was brought by Woodruff & Beach, as partners, against Bobert Jemison, jr., to recover the price agreed to be paid for two steam-engines manufactured by the plaintiffs, under a contract with the defendant, and delivered to him.
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Appeal from tbe Circuit Court, of Tuskaioosa. Tried before the Hon. E. W. Pettus. Tins action was brought by Woodruff & Beach, as partners, against Bobert Jemison, jr., to recover the price agreed to be paid for two steam-engines manufactured by the plaintiffs, under a contract with the defendant, and delivered to him. The complaint contained all the common counts, and a count on a bill of exchange; the bill having been given by the defendant, on the delivery of the engines, in part payment of the price of the engines. The defendant pleaded non assumpsit, payment, and, as to the bill of…
1Opinion of the CourtA. J. Walker, C. J.
The appellant contracted with the appellees for the .manufacture of two steam-engines, to be delivered to him in the city of Tuskaloosa. They *146were delivered, and accepted and put in operation by the appellant, who paid a part of the purchase-money, and gave a bill of exchange for a part. It is sought by this suit to recover the unpaid purchase-money. Certainly, upon the delivery to the appellant, and acceptance by him, (if not sooner,) the sale was complete, and the title to the engines vested in the purchaser. — Chitty on Con. 336 ; Addison on Contracts, 222, 243; White v. Adkins, 18 Ala.…
2Cases cited8 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Burton v. StewartNew York Supreme Court · 1829
- Dill v. CampSupreme Court of Alabama · 1853
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Borum v. GarlandSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Stone v. WalkerSupreme Court of Alabama · 1917
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
8 more not listed; retrieve them via the Exa API.