Roquemore v. Vulcan Iron Works Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action of detinue by Vulcan Iron Woi’ks Company against John D. Roquemore, the facts of which are sufficiently stated in the opinion of the court. From a judgment for plaintiff defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action of detinue by Vulcan Iron Woi’ks Company against John D. Roquemore, the facts of which are sufficiently stated in the opinion of the court. From a judgment for plaintiff defendant appeals. In detinue no recovery can be had unless the plaintiff has the right to- immediate possession of the property. — Ryall v. Pearson Bros., 41 South. 673. Under the facts in this case plaintiffs were not entitled to the possession of the first shovel sold until it had delivered a second shovel complying with the contract made in reference…
1Opinion of the CourtSimpson, J.
This was an action of detinue, brought by the appelle against the appellant, to recover one steam shovel, which we will call the “Baby Shovel.” On the 13th day of January, 1905, the instrument in writing set out in the record was executed, by which the plaintiff leased the “Babv Shovel” to the defendant for nine months in consideration of $1,083.35 to De paid in cash and the remainder to be paid in monthly installments; and the instrument stated that, after the payment of said monthly rentals in full, the defendant should have the right to purchase said shovel by the pay ment of $10, on the…
2Cases cited11 opinions
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
- Powell v. ThompsonSupreme Court of Alabama · 1885
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Juniata Building & Loan Ass'n v. HetzelSupreme Court of Pennsylvania · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- W. Harrison Price v. H. L. Coble Construction CompanyCourt of Appeals for the Fifth Circuit · 1963
- Abbeville Live Stock Co. v. WaldenSupreme Court of Alabama · 1923
- Middleton v. Alabama Power Co.Supreme Court of Alabama · 1916
- Bell, Rogers & Zemurray Bros. v. JenkinsSupreme Court of Alabama · 1930
- Worthington v. DavisSupreme Court of Alabama · 1922
5 more not listed; retrieve them via the Exa API.