Legal Opinion

Parker v. Daughtry

Supreme Court of Alabama

Decided November 15, 1895Published

Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This was an action brought by the appellee as admin-, istrator of J. J. Parker, deceased, against the appellant, to recover the price of goods sold by the plaintiff, as such administrator, to the defendant. The defendant pleaded the general issue and special pleas, the substance of which is stated in the opinion.

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Appeal from the Circuit Court of Dale. Tried before the Hon. Jesse M. Carmichael. This was an action brought by the appellee as admin-, istrator of J. J. Parker, deceased, against the appellant, to recover the price of goods sold by the plaintiff, as such administrator, to the defendant. The defendant pleaded the general issue and special pleas, the substance of which is stated in the opinion. To these pleas the plaintiff demurred, assigning in several different ways that the said pleas did. not allege or show that the 'administrator had the authority to sell the goods, for the price of which…

1Opinion of the CourtHead, J.

The agreement of counsel endorsed upon the transcript is so ambiguous that will not undertake to construe it..

This is an action by Daughtry, as administrator of J. J. Parker, deceased, against H. Z. Parker for the price of goods sold by the plaintiff, as such administrator. The defendant’s plea No.l plainly avers that plaintiff’s intestate, at the time of his death, was indebted to defendant $975, for rent of a store house in Ozark, in which the goods purchased were kept for sale by intestate as defendant’s tenant, up to the time of his death; that after his death plaintiff, as administrator,…

2Cases cited7 opinions

  1. Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
  2. Ray v. ThompsonSupreme Court of Alabama · 1869
  3. Thames v. HerbertSupreme Court of Alabama · 1878
  4. Bell's Adm'r v. AndrewsSupreme Court of Alabama · 1859
  5. Watson v. Rose's ExecutorsSupreme Court of Alabama · 1874

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