Abraham Bros. v. Browder
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Pión. John G. Winter. This action was brought by the appellee, J. F. Browder, against the appellants, Abraham Brothers, and sought to recover damages for the breach of warranty . for the sale of a mule to .the plaintiff. The facts of the case are sufficiently stated in the opinion. Judgment was rendered for the plaintiff.
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Appeal from the City Court of Montgomery. Tried before the Pión. John G. Winter. This action was brought by the appellee, J. F. Browder, against the appellants, Abraham Brothers, and sought to recover damages for the breach of warranty . for the sale of a mule to .the plaintiff. The facts of the case are sufficiently stated in the opinion. Judgment was rendered for the plaintiff. Defendants bring the present appeal, and assign as error the rendition of judgment for the plaintiff, and the overruling of defendants’ motion for a new trial. The plaintiff can not maintain an action for breach of…
1Opinion of the Court
COLEMAN, J. —
The plaintiff Browder sued for a Breach of warranty upon the following complaint: “The plaintiff claims of the defendants fifty dollars damages for a breach of warranty in the sale of a mule by them to plaintiff on 1st day of March, 1895, which mule the defendants warranted sound in all respects, except a small wound on one of said mule’s feet, and which wound they warranted not to injure said mule for thirty days from date of sale, when in fact said mule at that *289time was badly diseased, and was threatened with, and has since had lock-jaw.”
The case was tried by the court without…
2Cited by13 opinions
- Luitweiler Pumping Engine Co. v. Ukiah Water & Improvement Co.California Court of Appeal · 1911
- Houser & Haines Manufacturing Co. v. McKayWashington Supreme Court · 1909
- Advance-Rumely Thresher Co. v. TerpeningMontana Supreme Court · 1920
- Doornbos v. ThomasMontana Supreme Court · 1915
- Kilborn v. HendersonAlabama Court of Appeals · 1953
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