Globe Tailoring Co. v. Seibold
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by the Globe Tailoring Company against W. Seibold. Judgment for defendant, and plaintiff appeals. The defense was the general issue, payment, and set-off, the facts of which sufficiently appear from the opinion.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by the Globe Tailoring Company against W. Seibold. Judgment for defendant, and plaintiff appeals. The defense was the general issue, payment, and set-off, the facts of which sufficiently appear from the opinion. Charge 1, requested by and refused to plaintiff, was as follows: “The court charges the jury that if they believe the evidence there can be no recovery by the defendant for any difference in prices for goods sold him by the plaintiff prior to January 1, 1911.” Charge 2 was the affirmative charge for the…
1Opinion of the Court
WALKER, P. J. —
To this action on an account the defendant (the appellee here) pleaded the general issue, payment, and set-off. The plea of set-off was supported by evidence tending to prove the following state of facts: Under a contract between the parties the de*145fendant was to assist the plaintiff’s representative in getting orders at Guntersville for tailor-made clothing, the business being conducted in the following manner: The plaintiff’s representative took the necessary measurements and made contracts with the customers for clothing, which was shipped to and charged against the…
2Cases cited1 opinion
- Sandlin v. Kennedy Stave & C. Co.Supreme Court of Alabama · 1910
3Cited by2 opinions
- B. F. Kay & Son v. Alabama Cotton & Grain Co.Supreme Court of Alabama · 1924
- York v. ChandlerAlabama Court of Appeals · 1958