Huson Ice & Machine Works v. Bland
Supreme Court of Alabama
Appeal from Henry Circuit Court. Heard before H]on. A. A. Evans. Action by tbe Huson Ice & Machine Works against Bland & Chambers, for breach of a contract to purchase. Judgment for the defendant and plaintiff ap-. peals. Under the contract appellees were bound to accept the machinery and pay for it according to the terms of the contract, and then sue on the breach of warranty, if there was a failure in the warranty. — Bchleischer v. Mtg.
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Appeal from Henry Circuit Court. Heard before H]on. A. A. Evans. Action by tbe Huson Ice & Machine Works against Bland & Chambers, for breach of a contract to purchase. Judgment for the defendant and plaintiff ap-. peals. Under the contract appellees were bound to accept the machinery and pay for it according to the terms of the contract, and then sue on the breach of warranty, if there was a failure in the warranty. — Bchleischer v. Mtg. L. Co., 114 Ala. 235; Mobile E. L. Co. v. Elder Bros, infra; Foley v. Felrath, 98 Ala. 176; Clark v. Race, 46 Mich. 308. The following authorities will be…
1Opinion of the CourtMayfield, J.
The first two counts declare on a breach of a written contract of sale by which plaintiff sold to defendants a certain ice plant, complete, together with all the iron work necessary for the completion and setting up of the plant — the property to be delivered f. o. b. the cars at the shipping point, and the title to remain in the plaintiff, the vendor, until the purchase price was fully paid. The total price was $3,000, $800 of which ivas to be paid in cash, on the receipt of the plant for operating purposes, and the balance of the purchase price was to be evidenced by two promissory notes,…
2Cases cited2 opinions
- Highland Avenue & Belt Railroad v. SouthSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1895
3Cited by4 opinions
- Ogburn-Griffin Gro. Co. v. Orient InsuranceSupreme Court of Alabama · 1914
- Gorman-Gammill Seed & Dairy Supply Co. v. CarlisleSupreme Court of Alabama · 1929
- Alabama Broom & Mattress Co. v. Nashville Broom & Supply Co.Supreme Court of Alabama · 1922
- Birmingham Railway, Light & Power Co. v. PrattAlabama Court of Appeals · 1914