Town of Cottonwood v. H. M. Austin & Co.
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by H. M. Austion & Co., against the Town of Cottonwood and others. From, a judgment for plaintiffs, defendants appeal.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by H. M. Austion & Co., against the Town of Cottonwood and others. From, a judgment for plaintiffs, defendants appeal. The town could in no wise be held liable for the price of the whisky sold.— Bluthenthal é Bichert v. Town of Headland, 132 Ala. 249. The sale by the appellee to the town was an executed contract, the legal effect of which was to vest title in the town to the property.- — Bloch. . et al. v. Oliver, 1 Ala. 449. The sale was made in violation of law, and the court will leave the parties where it finds…
1Opinion of the CourtMcCLELLAN, J.
Action of detinue by appellees against appellants to recover discribed kinds of intoxicating liquors. The facts, as necessary to be here stated, shown by the bill of exceptions, were that the town of Cottonwood, through its mayor and council, composed of the persons named as defendants along with the corporate entity, was engaged in the conduct of a dispensary; that one of the provisions of the act authorizing such enterprise was that “the dispenser shall buy and sell (spirituous, vinous and malt liquors) for cash only;” That the plaintiff, on the 11th day of May, 1907, “sold the Cottonwood…
2Cases cited3 opinions
- Foley v. FelrathSupreme Court of Alabama · 1893
- Long v. Geo. Pacific Railway Co.Supreme Court of Alabama · 1890
- Bluthenthal v. Town of HeadlandSupreme Court of Alabama · 1901
3Cited by16 opinions
- Oppenheim v. City of FlorenceSupreme Court of Alabama · 1934
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Bankers & Shippers Ins. Co. of NY v. BlackwellSupreme Court of Alabama · 1951
- Greeson Mfg. Co. v. County Board of EducationSupreme Court of Alabama · 1928
- D. M. Ferry & Co. v. HallSupreme Court of Alabama · 1914
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