Little-Cleckler Const. Co. v. L. Sonneborns Sons, Inc.
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill,'judge. Assumpsit by tbe L. Sonneborns Sons, Incorporated, against tbe Little-Cleckler Construction Company and another. Judgment for plaintiff, and defendants appeal. The facts and the contention of the parties sufficiently appear from the opinion of the court.
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Appeal from Circuit Court, Calhoun County; Hugh D. Merrill,'judge. Assumpsit by tbe L. Sonneborns Sons, Incorporated, against tbe Little-Cleckler Construction Company and another. Judgment for plaintiff, and defendants appeal. The facts and the contention of the parties sufficiently appear from the opinion of the court. The charge given for the plaintiff is as follows: Unless you are reasonably satisfied from the evidence that there was an express warranty as to the second and third shipments of lapidolith from plaintiff to defendant, as claimed by the defendant, and that said lapidolith was…
1Opinion of the CourtBrown, P. J.
The account, the basis of tbis action, is alleged to have been contracted in the purchase of a quantity of lapidolith. There is no controversy as to the quantity of this material furnished by the plaintiff to the defendants on their order, nor as to the price thereof.
The defendant’s contention, as developed by the evidence offered on the trial, was that this material was purchased by them for the purpose of treating certain concrete floors, and that it was so purchased under an express warranty by the plaintiff that, if used and applied in accordance with instructions furnished by the…
2Cases cited4 opinions
- McCaa v. Elam Drug Co.Supreme Court of Alabama · 1896
- Moore v. Barber Asphalt Paving Co.Supreme Court of Alabama · 1897
- Duff v. IvySupreme Court of Alabama · 1830
- Barnes v. BlairSupreme Court of Alabama · 1849