Foster v. Rodgers
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. ■This action was brought by Thomas T. Rodgers against William Foster, in September, 1851, to recover damages for a breach of warranty in the sale of fifty-two bales of cotton.
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Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. ■This action was brought by Thomas T. Rodgers against William Foster, in September, 1851, to recover damages for a breach of warranty in the sale of fifty-two bales of cotton. The bill of exceptions is as follows-; “ On the trial of this cause, the plaintiff proved, that the defendant, on the 9th January, 1851, in the city of Montgomery, sold to him fifty-two bales of cotton, then in the warehouse of John H. Murphy in said city, for which he paid him 12§ cents per pound, making in the aggregate $3,624 that said…
1Opinion of the CourtGoldthwaite, J.
There is no doubt that, on a warranty of quality, or soundness, the purchaser is generally entitled to recover the difference between the actual value of the article at the time of the sale, and the value which the article would have been worth at that time had it come up to *607tbe warranty. — Kornegay v. White, 10 Ala. 255; Marshall v. Wood, 16 Ala. 806. But in such cases, this amount is the minimum of damages; he is entitled to this, and he may rightfully recover more. The object of the action is, to compensate the plaintiff for the injury he has sustained; and in each of the cases cited it…
2Cases cited2 opinions
- Kornegay v. WhiteSupreme Court of Alabama · 1846
- Marshall v. WoodSupreme Court of Alabama · 1849
3Cited by11 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Ewart v. CunninghamSupreme Court of Alabama · 1929
- C. D. Chapman & Co. v. G. P. Dowling Hardware Co.Supreme Court of Alabama · 1921
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