Glenn Refining Co. v. Webster
Alabama Court of Appeals
Appeal from Etowah Circuit Court. Heard before Hon. J. E. Blackwood. Assumpsit by the Glenn Refining Company against P. O. Webster. Judgment for defendant and plaintiff appeals.
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Appeal from Etowah Circuit Court. Heard before Hon. J. E. Blackwood. Assumpsit by the Glenn Refining Company against P. O. Webster. Judgment for defendant and plaintiff appeals. Under the evidence in this case defendant is bound by the contents of the paper and cannot be heard to say that he did not read it, or know what it contains. — 9 Cyc. 391; 35 Cyc. 63. The evidence was not sufficient to show fraud in the sale.— Wicldo v. Johnson Laboratory, 132 Ala. 269. Nothing Avas done or said to mislead the defendant or prevent his reading the paper. — Martin v. Smith, 116 Ala. 630. Counsel discuss…
1Opinion of the Court
PELHAM, J. —
The appellant brought his suit in the first instance in a justice’s court of Etowah county, declaring on a written contract or ordei’, seeking to recover $25 for certain oils and belt dressing, which were refused by the defendant and afterwards burned in the railroad depot. It was defendant’s contention that he had not ordered the quantity shipped, and that the written order for the goods was procured by fraud. There was a judgment for defendant in the justice court, an appeal taken by plaintiff to the circuit court, where the cause was tried before the court without a jury, and…
2Cases cited24 opinions
- Woodson v. StateSupreme Court of Alabama · 1910
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
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3Cited by3 opinions
- Stephenson v. Jebeles & Colias Confectionery Co.Alabama Court of Appeals · 1914
- Weil v. CenterfitSupreme Court of Alabama · 1918
- C-J Parts Co. v. EcholsAlabama Court of Appeals · 1933