Continental Jewelry Co. v. Pugh Bros.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Assumpsit by tbe Continental Jewelry Company against Pugb Bros. Judgment for defendant, and plaintiff appeals.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Assumpsit by tbe Continental Jewelry Company against Pugb Bros. Judgment for defendant, and plaintiff appeals. Tbe following are tbe pleas alluded to in tbe opinion: “(3) Tbe consideration for tbe debt or demand, to-recover wbicb this suit is brought, was that tbe defendants on, to wit, June 21, 1906, by a contract or agreement, ordered and agreed to purchase of and from plaintiff a certain lot of articles of jewelry, and was to pay therefore a certain amount of money, a part of wbicb represents tbe amount for tbe…
1Opinion of the CourtMcCLELLAN, J.
The action is on accepted bills of exchange for goods sold by the appellant to appellees. The sale was by sample, and the intent of the pleader, as indicated by pleas 3 to 6, inclusive, was to assert a rescission because, to generally state it, the goods received did not substantially come up to the sample, in material, make, etc. The report of the appeal will contain a summary statement of the matter set up in these pleas.
In the early case of Burnett v. Stanton & Pollard, 2 Ala. 181, 189, it was said: “An offer to return the chattel in a reasonable time, on the breach of warranty, or where a…
2Cases cited15 opinions
- Austin v. BeanSupreme Court of Alabama · 1894
- Barnett v. StantonSupreme Court of Alabama · 1841
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Ward v. ReynoldsSupreme Court of Alabama · 1858
10 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- St. Mary’s Oil Engine Co v. Jackson Ice & Fuel Co.Supreme Court of Alabama · 1931
- Provident Life Accident Ins. Co. v. HeidelbergSupreme Court of Alabama · 1934
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Hunt v. JonesSupreme Court of Alabama · 1919
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