Troy Grocery Co. v. Potter & Wrightington
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John C. Anderson. This action was brought by the appellees, Potter & Wrightington, a partnership, composed of Henry S. Potter and Charles W. Wrightington, against the appellant, the Troy Grocery Company, a partnership, and sought to recover a certain designated sum alleged to be due the plaintiffs from the defendants by account, for merchandise, goods and chattels sold by the plaintiffs to defendants.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John C. Anderson. This action was brought by the appellees, Potter & Wrightington, a partnership, composed of Henry S. Potter and Charles W. Wrightington, against the appellant, the Troy Grocery Company, a partnership, and sought to recover a certain designated sum alleged to be due the plaintiffs from the defendants by account, for merchandise, goods and chattels sold by the plaintiffs to defendants. The defendants pleaded the general issue and special pleas numbered 4, 5 and 6. In plea No. 4 it was averred that the suit was…
1Opinion of the CourtSharpe, J.
Error is not shown in the rulings which sustained demurrers to pleas. Plea 4 does not show that the fish for the price of which the suit was brought were not supplied in accordance with the contract, under which they were purchased, nor does it show that defendants sustained any damage from the fact that the fish were supplied in six and eight pound kits instead of in kits heavier in accordance with the alleged representations of plaintiff’s agent. This plea neither shows a rescission of the contract of purchase or ground for abating purchase price.
Plea 5 was open to the first if to no other…
2Cases cited9 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Omaha Coal, Coke & Lime Co. v. FayNebraska Supreme Court · 1893
- Brooks v. Continental InsuranceSupreme Court of Alabama · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
- Dothan Chero-Cola Bottling Co. v. WeeksAlabama Court of Appeals · 1918
- Johns v. JaycoxWashington Supreme Court · 1912
- Gorman-Gammill Seed & Dairy Supply Co. v. CarlisleSupreme Court of Alabama · 1929
- Louis Pizitz Dry Goods Co. v. House of Van Praag, Inc.Supreme Court of Alabama · 1929
6 more not listed; retrieve them via the Exa API.