Greene v. Lewis
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lee. Tried before tbe Hon. Jesse M. Cabmiohael. This action was brought by John F. Lewis, against A. M. Greene, to recover a Texas pony, with damages for its detention; and was commenced on tbe 10th April, 1885. Tbe cause was tried on issue joined on tbe plea of not guilty, and resulted in a verdict for tbe plaintiff, under tbe rulings of tbe court; the jury assessing tbe value of tbe pony at $75, and tbe damages for its -detention at $50.…
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Appeal from tbe Circuit Court of Lee. Tried before tbe Hon. Jesse M. Cabmiohael. This action was brought by John F. Lewis, against A. M. Greene, to recover a Texas pony, with damages for its detention; and was commenced on tbe 10th April, 1885. Tbe cause was tried on issue joined on tbe plea of not guilty, and resulted in a verdict for tbe plaintiff, under tbe rulings of tbe court; the jury assessing tbe value of tbe pony at $75, and tbe damages for its -detention at $50. Tbe judgment sets out this verdict, and then proceeds: “It is therefore considered by tbe court, that tbe plaintiff…
1Opinion of the CourtSomeryille, J.
The plaintiff’s right of recovery in this case depends on the inquiry, as to whether he had sold the horse in controversy to the defendant. If he had, he thereby parted with his title to the property, and could not recover in this action; otherwise he could. There is a phase of the evidence which not only tends to prove a sale, but tends also to prove that the price of the horse was left open for future adjustment between the parties. The rule is settled, that the title to personal property may pass to a vendee, without fixing an absolute price, if the circumstances *223attending tbe transaction…
2Cases cited6 opinions
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- Shealy v. EdwardsSupreme Court of Alabama · 1883
- Wittick's Adm'r v. KeifferSupreme Court of Alabama · 1857
- Wilkinson v. WilliamsonSupreme Court of Alabama · 1884
- Robinson v. RichardsSupreme Court of Alabama · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Foley v. FelrathSupreme Court of Alabama · 1893
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Pocahontas Graphite Co. v. Minerals Separation North American Corp.Supreme Court of Alabama · 1926
- Francis--Chenoweth Hardware Co. v. GraySupreme Court of Alabama · 1893
- Hensley v. OrendorffSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.