Holt Lumber Co. v. Givens
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by the Holt Lumber Company, against Mrs. I. N. Givens, for deceit in the sale of logs and for breach of warranty. Judgment for defendant and plaintiff appeals. Transferred from Court of Appeals. ' The evidence tended to show that T. E. Broussard, as the .agent of Mrs. Givens, carried to the Holt.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by the Holt Lumber Company, against Mrs. I. N. Givens, for deceit in the sale of logs and for breach of warranty. Judgment for defendant and plaintiff appeals. Transferred from Court of Appeals. ' The evidence tended to show that T. E. Broussard, as the .agent of Mrs. Givens, carried to the Holt. Lumber Company specifications for rafts Nos. 1 to 7, inclusive, made by Hector Smith and R. E. Grimes, and received from the Holt Lumber Company a check for $3,650, after a submission of the offer made by the Holt…
1Opinion of the Court
ANDERSON, C. J.(1) The only object in attempting to show the custom prevailing as to specifications in the sale of logs was to establish an implied warranty that all the logs, other than those designated as unsound in the specification furnished the plaintiff,' were sound. Whether the -trial court did or did not err in excluding this evidence matters not, for, if error, it was rendered innocuous to the plaintiff by the subsequent undisputed evidence of Broussard, who admitted an express warranty as to all the logs, except the 26 mentioned in the specification as redhearted, the witness said:…
2Cases cited1 opinion
- Gregory v. StateSupreme Court of Alabama · 1903
3Cited by7 opinions
- Centraal Stikstof Verkoopkanter, N. v. V. Walsh Stevedoring Company, Inc.Court of Appeals for the Fifth Circuit · 1967
- Sorrow v. Industrial Life & Health Ins. Co.Supreme Court of Alabama · 1953
- Cates v. CatesSupreme Court of Alabama · 1958
- Van Antwerp-Aldridge Drug Co. v. SchwarzSupreme Court of Alabama · 1955
- Grasselli Chemical Co. v. City Ice Co.Supreme Court of Alabama · 1917
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