C. D. Chapman & Co. v. G. P. Dowling Hardware Co.
Supreme Court of Alabama
Appeá.1 from Circuit Court, Geneva County; H. A. Pearce, Judge. Assumpsit by the G. P. Dowling Hardware Company against C. D. Chapman & Co. Judgment for the plaintiff, and the defendant appeals.
Read the full summary
Appeá.1 from Circuit Court, Geneva County; H. A. Pearce, Judge. Assumpsit by the G. P. Dowling Hardware Company against C. D. Chapman & Co. Judgment for the plaintiff, and the defendant appeals. Eleventh plea of the defendant is as follows: For further answer to the complaint the defendant says: That the plaintiff was dealing in peanut picking outfits, consisting of pickers, engines, and hay presses, and 'was selling and offering to s&U the same to be used for picking peanuts and baling peanut vines and hay, and while so engaged and dealing in said machines H. O. Dowling, one of the partners…
1Opinion of the CourtMcCLELLAN, J.
The ax>pellee (plaintiff), Dowling Hardware Company, a dealer in peanut picking machinery, sued the appellants (defendants), a firm selling hardware machinery to the retail trade, stating its case in counts declaring on promissory notes executed by the defendants to the plaintiff for such machinery, and also on an account for that character of goods sold by the plaintiff to the defendants. In addition to general traverse, the defendants filed numerous special pleas seeking the benefit of set-off and recoupment, based on breaches of warranty in the sale of that machinery for which these notes…
2Cases cited15 opinions
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Milton v. RowlandSupreme Court of Alabama · 1847
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1909
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sea Calm Shipping Co., S.A. v. CooksSupreme Court of Alabama · 1990
- Southern Building & Loan Ass'n v. BryantSupreme Court of Alabama · 1932
- Ewart v. CunninghamSupreme Court of Alabama · 1929
- Attalla Oil & Fertilizer Co. v. GoddardSupreme Court of Alabama · 1922
- Grissom v. J. B. Colt & Co.Supreme Court of Alabama · 1928
5 more not listed; retrieve them via the Exa API.