Cole Motor Car Co. v. Tebault
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by P. D. Tebault against the Cole Motor Car Company. Judgment for plaintiff, and defendant appeals. The suit was to recover commissions alleged to be due plaintiff on sales of automobiles made by plaintiff as agent of defendant.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Assumpsit by P. D. Tebault against the Cole Motor Car Company. Judgment for plaintiff, and defendant appeals. The suit was to recover commissions alleged to be due plaintiff on sales of automobiles made by plaintiff as agent of defendant. The contract between the parties was oral, made March 1, 1914, and simply provided for payment of plaintiff by defendant of 5 per cent, on the price of all Maxwell cars sold by plaintiff; nothing being said as to how or on what terms the cars were to be sold. Plaintiff testified, however,…
1Opinion of the Court
SOMERVILLE;- J.
The only questions- presented'by the assignments of error are upon defendant’s exception to a portion of the oral charge to the jury, and the refusal of the affirmative charge for defendant as to -the fourth count of the complaint.(1) A prevailing usagé of trade, however general, cannot be presumed to have been in the contemplation of contracting parties so as to control or vary the ordinary legal implications of their agreement, unless it is actually known to them, or unless it has prevailed so long, that their knowledge of it may be reasonably presumed.—Byrd v. Beall, 150…
2Cases cited9 opinions
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- Thomas v. StateSupreme Court of Alabama · 1907
- Stoudenmire v. Harper Bros.Supreme Court of Alabama · 1886
- German-American Insurance v. Commercial Fire Ins.Supreme Court of Alabama · 1891
- Byrd v. BeallSupreme Court of Alabama · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Manning v. StateSupreme Court of Alabama · 1928
- H. Curjel & Co. v. Hallett Mfg. Co.Supreme Court of Alabama · 1916
- Middleton v. Western Union Telegraph Co.Supreme Court of Alabama · 1916
- Uptain v. StateAlabama Court of Appeals · 1953
- Jones v. MullinSupreme Court of Alabama · 1950