Sunflower Lumber Co. v. Turner Supply Co.
Supreme Court of Alabama
Appeal from Mobile Lav' and Equity Court. Heard before Hon. Saeeold Berney. Action by the Turner Supply Company against the Sunflower Lumber Company, a partnership. From a judgment for plaintiff, defendant appeals. The action was on a promisory note made on the 23d day of November, 1907, and payable 60 days after date.
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Appeal from Mobile Lav' and Equity Court. Heard before Hon. Saeeold Berney. Action by the Turner Supply Company against the Sunflower Lumber Company, a partnership. From a judgment for plaintiff, defendant appeals. The action was on a promisory note made on the 23d day of November, 1907, and payable 60 days after date. The special plea filed is as follows: “That the plaintiff (luring the years 1907-08 was and is a corporation organized under the general laws of the state of Alabama, and during none of said time has it had a license from the State of Alabama to do business in the state, and…
1Opinion of the CourtAnderson, J.
In determining whether an agreement is prohibited by statute, the intention of the Legislature must be ascertained and must govern. “When conditions prescribed for the conduct of a business, trade or profession are not complied with, agreements in the course of such business, trade, or profession are (1) *195void, if the condition is for the benefit of the public, as for the maintenance of public order or safety, or the protection of persons dealing with those upon whom it is imposed; (2) valid, if no specific penalty is attached to the specific transaction, and the condition is imposed simply…
2Cases cited8 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Aiken v. BlaisdellSupreme Court of Vermont · 1869
- Larned v. AndrewsMassachusetts Supreme Judicial Court · 1871
- Ryall v. AllenSupreme Court of Alabama · 1904
- Western Union Telegraph Co. v. YoungSupreme Court of Alabama · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Smith v. SharpeSupreme Court of Alabama · 1909
- Ellis v. BatsonSupreme Court of Alabama · 1912
- Morgan v. Whatley & WhatleySupreme Court of Alabama · 1920
- Derico v. DuncanSupreme Court of Alabama · 1982
41 more not listed; retrieve them via the Exa API.