J. Snow Hardware Co. v. Loveman & Co.
Supreme Court of Alabama
Appeal from the County Court of Tuscaloosa. Tried before the Hon. j. J. Mayfield. The appeal in this case was prosecuted by the plaintiff in the action from a judgment rendered in favor of the defendant, and the rulings of the trial court upon the evidence are assigned as error. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.
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Appeal from the County Court of Tuscaloosa. Tried before the Hon. j. J. Mayfield. The appeal in this case was prosecuted by the plaintiff in the action from a judgment rendered in favor of the defendant, and the rulings of the trial court upon the evidence are assigned as error. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. The memorandum entry was hearsay, and should have been excluded on objection by appellant. — Aciden, v. Hickman,, 63 Ala. AM-, Jeffries v. Oastleman AS8 Ala. 432; Hart v. Kendall, 82 Ala.…
1Opinion of the CourtDowdell, J.
The appellant company, a corporation, sued the appellees, defendants, to recover damages for the breach of two contracts for the sale of cotton to appellant. The contracts were made by J. W. Sanders, representing the appellant, and E. P. Loveman, the appellee's. At the time of making the second of these two contracts, Sanders and Loveman -were together in appellees’ back office, no one else being present. There was dispute as to the terms of the second contract. Sanders testified that, appellees sold his company at- that time two hundred bales of cotton to be delivered in the month of…
2Cases cited3 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Hart v. KendallSupreme Court of Alabama · 1886
- Jeffries v. CastlemanSupreme Court of Alabama · 1880
3Cited by4 opinions
- Luttrell v. ParryCourt of Appeals of Texas · 1910
- Garner v. PetersSupreme Court of Alabama · 1957
- Southern Railway v. Caldwell-Spence Co.Alabama Court of Appeals · 1913
- Davis v. McClellandMissouri Court of Appeals · 1914