Union Stave Co. v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This was an action brought by the appellee, Barton B. Smith, against the appellants, the Union Stave Company, to recover an amount alleged to be due for timber sold by the plaintiff.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This was an action brought by the appellee, Barton B. Smith, against the appellants, the Union Stave Company, to recover an amount alleged to be due for timber sold by the plaintiff. The complaint contained the common counts, claiming $460 as the amount due, and a special count for said sum “due by contract in writing made and entered into by and between the plaintiff and Sharp & Co., by which the plaintiff sold to Sharp & Co., all the white oak timber suitable for stave bolts on certain described lands, in…
1Opinion of the CourtColeman, J.
Barton B. Smith, the executor of the will of Henry F. Smith, without legal authority, sold to the defendant the timber growing upon certain lands of his testator. Under the contract, the defendant cut and converted a large quantity of timber, paid for the greater portion of it, and refused to pay for the balance. This suit was to recover that balance. Under the facts in the case, the court did not err in refusing charges No. 2 and 3 requested by the defendant. The essential facts upon which the plaintiff's right of action depends, are not materially controverted.
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2Cases cited14 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Harbin v. LeviSupreme Court of Alabama · 1844
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- Meeks v. GarnerSupreme Court of Alabama · 1890
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