Gachet v. Warren
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. ArriNGTON. This action was brought by Nicholas G-achet, who was a planter and farmer residing in Bullock county, against the ap-pellees as late partners, a mercantile partnership doing business in the city of Montgomery, to recover damages for the breach of an alleged warranty on the sale of two hundred and fifty bushels of “ rust-proof oats ” by the defendants to the plaintiff, in February, 1880; and…
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. ArriNGTON. This action was brought by Nicholas G-achet, who was a planter and farmer residing in Bullock county, against the ap-pellees as late partners, a mercantile partnership doing business in the city of Montgomery, to recover damages for the breach of an alleged warranty on the sale of two hundred and fifty bushels of “ rust-proof oats ” by the defendants to the plaintiff, in February, 1880; and was commenced on the 7th March, 1881. As the pleadings are set out in the record, it appears that the cause was tried on…
1Opinion of the CourtBrickell, C. J.
The assignments of error present no other question, than the correctness of the instructions given *292the jury at the instance of the defendants, on the trial in the court below. Six of these instructions assert, in varying language, and by reference to particular facts in evidence, that if the contract between the parties was for the sale and delivery of seed-oats, of the species known in the market as “ rust-proof oats,” and the oats delivered were of that species, there is no liability upon the sellers, although the product of the oats •rusted, and they knew the purchaser was buying for the…
2Cases cited9 opinions
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Barnett v. StantonSupreme Court of Alabama · 1841
- Dounce v. . DowNew York Court of Appeals · 1876
- Gossler v. Eagle Sugar RefineryMassachusetts Supreme Judicial Court · 1869
- Bartlett v. . HoppockNew York Court of Appeals · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Remsberg v. Hackney Manufacturing Co.California Supreme Court · 1917
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- Frith & Co. v. HollanSupreme Court of Alabama · 1901
- McCaa v. Elam Drug Co.Supreme Court of Alabama · 1896
14 more not listed; retrieve them via the Exa API.