Foster v. Johnson
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Assumpsit by the plaintiff in error. From a bill of exceptions it appears, that the defendant who lived in the interior, wrote a letter to one Nance, a clerk in the house of the plaintiff, at Mobile, requesting him to send him some articles in the grocery line. Nance had previously lived in Selma, and was indebted to the defendant.
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Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Assumpsit by the plaintiff in error. From a bill of exceptions it appears, that the defendant who lived in the interior, wrote a letter to one Nance, a clerk in the house of the plaintiff, at Mobile, requesting him to send him some articles in the grocery line. Nance had previously lived in Selma, and was indebted to the defendant. Upon receiving the order, Nance handed it to another clerk in the establishment, by whom the articles were put up, charged to the defendant, and transmitted to him. It was proved, that it was…
1Opinion of the CourtCollier, C. J.
In Child, Hibbler & Pearson v. Wofford, 3 Ala. Rep. 564, the defendant addressed a letter to the plaintiff, Child, at the city of Mobile, requesting the latter to send him goods according to a bill annexed. C. and his co-plaintiffs were doing business as partners and commission merchants in that city, and not otherwise, and the defendant resided about two hundred miles in the interior. The plaintiffs sent the goods, but without a bill of lading or letter; the defendant, as well as his agent who received them, supposed they were sent by C. individually, and that ■to him alone the defendant was…
2Cases cited1 opinion
- Child v. WoffordSupreme Court of Alabama · 1842
3Cited by2 opinions
- Black v. Slocumb Mule Co.Alabama Court of Appeals · 1913
- Chappell v. FalknerAlabama Court of Appeals · 1914