Fulton v. Sword Medicine Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. - Heard before Hon. William Jackson. This action is upon a written order for goods, wares and merchandise sold by appellee to appellant. The conditions and contents of the order are sufficiently set out in the opinion.
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Appeal from Bessemer City Court. - Heard before Hon. William Jackson. This action is upon a written order for goods, wares and merchandise sold by appellee to appellant. The conditions and contents of the order are sufficiently set out in the opinion. The defendant interposed several pleas, besides payment and the general issue, setting up in substance that the order was procured and the goods shipped by fraud, in that the salesman agreed and contracted with defendant at the time he signed the written order that the plaintiffs would guarantee the sale of the goods, and that the order blank…
1Opinion of the CourtSimpson, J.
This was a suit based upon a written order, signed by the defendant and addressed to the plaintiff, by which the defendant ordered certain goods, agreeing therein to pay certain specified prices, and in. said order it was stated, among other things, “that none of the medicine shall be returned for credit,” and closes •with these words: “I, or either of us, accept this order on terms stated above. There is no verbal agreement aside from this order, of which I have a duplicate.” By various pleas, to which there were demurrers, the defendant sets up, in defense to the action, that the…
2Cases cited2 opinions
- Williamson v. TysonSupreme Court of Alabama · 1894
- Patterson v. NealSupreme Court of Alabama · 1902
3Cited by13 opinions
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Green & Sons v. Lineville Drug Co.Supreme Court of Alabama · 1910
- J. B. Colt Co. v. PriceSupreme Court of Alabama · 1923
- Langham v. JacksonSupreme Court of Alabama · 1924
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