Bozeman v. J. B. Colt Co.

The action is one of as-sumpsit for goods sold and delivered by the plaintiff to the defendant.

Under the general issue any proof therefore, showing that there was no sale of the goods by the plaintiff to the defendant is admissible. Shepherd v. Butcher Tool & Hdw. Co., 198 Ala. 275, 73 South. 498; La. Lumber Co. v. Farrior, 9 Ala. App. 383, 63 South. 788; Shannon & Co. v. McElroy, 3 Ala. App. 519, 57 South. 118.

If the defendant gave the plaintiff an order for goods to be shipped not less than six months after the order was- given, and with a reservation of the right to cancel said order…