Taylor v. P. B. Yates Machine Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; J. Q. Smith, Judge. Action by W. D. Taylor and another against the P. B. Yates Machine Company. After demurrer to plea 6 was overruled, plaintiffs took a nonsuit, and appealed.
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Appeal from Circuit Court, Jefferson County ; J. Q. Smith, Judge. Action by W. D. Taylor and another against the P. B. Yates Machine Company. After demurrer to plea 6 was overruled, plaintiffs took a nonsuit, and appealed. Plaintiff sues for $5,000 “as damages for breach of a warranty in a contract entered into by and between plaintiffs and defendant on, to wit, April 29, 3919, for the sale of one secondhand planer and matcher, type No. 91, to be delivered to plaintiffs f. o. b. Hopkins, Ga.,” for the price of $4,200, and the complaint alleges: “As a part of said contract defendant .warranted…
1Opinion of the CourtSomerville, J.
[1] In the ease of an executed contract of sale, the rule is settled in this state that, upon a rescission of the contract and return of the property by the purchaser, on the ground of breach of warranty, the purchaser has no right of action remaining for damages as for a breach of the warranty.
“There must be a subsisting contract to support an action for a broach of warranty. If the facts justify it, a buyer may rescind a contract and sue for the purchase money paid; or he may sue and recover damages for a fraud practiced upon him; or he may affirm the contract and maintain an action for…
2Cases cited20 opinions
- Berlin Machine Works v. Ewart L. Co.Supreme Court of Alabama · 1913
- Kimball & Austin Manufacturing Co. v. VromanMichigan Supreme Court · 1877
- McLaughlin v. KnoblochCalifornia Supreme Court · 1911
- Houser & Haines Manufacturing Co. v. McKayWashington Supreme Court · 1909
- Smeesters v. SchroederWisconsin Supreme Court · 1904
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3Cited by4 opinions
- Kilborn v. HendersonAlabama Court of Appeals · 1953
- National Supply Co. v. Southern Creamery Co.Supreme Court of Alabama · 1932
- P. B. Yates MacH. Co. v. TaylorSupreme Court of Alabama · 1926
- Columbia Weighing MacH. Co. v. Sevier-Webb Drug Co.Supreme Court of Alabama · 1929