Rodgers v. Ricketts
Supreme Court of Alabama
Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Action of assumpsit by J. L. Ricketts against E. Douglass Rodgers. From judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Action of assumpsit by J. L. Ricketts against E. Douglass Rodgers. From judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The evidence was conflicting, and the court should have admitted in evidence the circumstances tending to throw light .on the reasonableness or unreasonableness of the respective claims of the parties. 203 Ala-481, 83 South. 475; 16 Oye. 1118. No brief came to the reporter.
1Opinion of the CourtSomerville, J.
[1] The sole issue ot fact in this case was whether plaintiff bought the mule from defendant for the price of $40, as claimed by plaintiff, or for the price of' $140, as claimed by defendant. On this issue it seems to us that the evidence preponderated somewhat in favor of plaintiff; at least, it was in such conflict that we cannot disturb the finding of the trial court, who-saw and heard the witnesses, and can better. judge of their credibility than can we.
As tending to show the greater probability of defendant’s claim as to the price agreed on, his attorney asked him what was the-reasonable…
2Cases cited3 opinions
- Brewer v. WatsonSupreme Court of Alabama · 1880
- Steen v. SwadleySupreme Court of Alabama · 1899
- Langworthy v. Goodall, McLester & Co.Supreme Court of Alabama · 1884
3Cited by2 opinions
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Ball v. StevensIdaho Supreme Court · 1933