Philip Olim Co. v. C. A. Watson Sons
Supreme Court of Alabama
Appeal from Circuit Court, Colbert County ; C. P. Almon, Judge. Assumpsit by C. A. Watson & Sons against Philip dim & Co. for breach of contract in the sale of apples. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Colbert County ; C. P. Almon, Judge. Assumpsit by C. A. Watson & Sons against Philip dim & Co. for breach of contract in the sale of apples. Judgment for plaintiff, and defendant appeals. The action is stated on the common counts, including a count for merchandise, goods, and chattels sold by plaintiff to defendant on February 11, 1918. Beside the general issue, defendant pleaded breach of an implied agreement for warranty that the apples should be sound and merchantable and of a quality to keep a reasonable time. Wherefore defendant declined to accept them. The…
1Opinion of the CourtSomerville, J.
[1,2] The trial court clearly erred in allowing plaintiff to put in evidence the copies of the warehouse receipts, without laying any predicate therefor. Thomas v. Williams, 170 Ala. 522, 54 South. 494; A. G. S. R. R. Co. v. Mt. Vernon Co., 84 Ala. 173, 4 South. 356. However, as the receipts were useful only to show a constructive • delivery of the apples to defendants, by delivering them to the warehouseman subject to defendants’ -order, and as that delivery was sufficiently shown by the written correspondence of the parties and other evidence, and there was in fact no controversy…
2Cases cited5 opinions
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Gachet v. WarrenSupreme Court of Alabama · 1882
- Ala. Gt. So. Railroad v. Mt. Vernon Co.Supreme Court of Alabama · 1887
- Troy Grocery Co. v. Potter & WrightingtonSupreme Court of Alabama · 1903
- Thomas Bros. v. WilliamsSupreme Court of Alabama · 1911
3Cited by5 opinions
- Gay v. CummingsAlabama Court of Appeals · 1928
- Stremming Veneer Co. v. Jacksonville Blow Pipe Co.Supreme Court of Alabama · 1955
- Fraley v. FordArizona Supreme Court · 1957
- Harp, Hardee & Co. v. Haas-Phillips Produce Co.Supreme Court of Alabama · 1921
- Bell ex rel. Fidelity Ins. v. FreemanAlabama Court of Appeals · 1958