Wallis Tobacco Co. v. Jackson
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before the Hon. W. W. Wilkerson. This was an action of assumpsit brought by the Wallis Tobacco Company against J. E. B. Jackson, and counted upon the common counts.
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Appeal from Birmingham City Court. Tried before the Hon. W. W. Wilkerson. This was an action of assumpsit brought by the Wallis Tobacco Company against J. E. B. Jackson, and counted upon the common counts. The plaintiff introduced as a witness in its behalf one J. W. Wallis, who was president of the plaintiff, and who testified that between August 26, 1889, and October 26, 1889, W. E. Yancey purchased from the plaintiff a bill of goods for, and to be used in, the “Magic City Hotel” in the city of Birmingham; that when the goods were sold, he, the witness, sold them upon the faith that he was…
1Opinion of the Court
HEAD, J.-
-The evidence in this case wholly fails to show that the goods, for the price of which this suit is brought, were reasonably necessary for the uses and purposes of the hotel which it is claimed McCants was conducting as agent for the defendant, or that they were such goods as were customarily used in the business of a hotel, or, indeed, that they were used at all in the business of the particular hotel. Eor aught the evidence discloses, they may have consisted of a stock of general merchandise, or agricultural implements, or some other commodities, having no use or place, either by…
2Cited by3 opinions
- Warren Webster & Co. v. Zac Smith Stationery Co.Supreme Court of Alabama · 1930
- Dadeville Union Warehouse & Wholesale Grocery Co. v. Jefferson Fertilizer Co.Supreme Court of Alabama · 1915
- L. A. McKean Auto Co. v. O'MarroSouth Dakota Supreme Court · 1928