Motor Sales Co. v. McNeil
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Detinue by the Motor Sales Company against A. B. McNeil, for the recovery of an Oakland automobile. Judgment for the defendant, and the plaintiff appeals. Acts 1911, p. 115, controls in this case. The court erred in directing a verdict for the' defendant. 67 Ala. 139, 42 Am.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Detinue by the Motor Sales Company against A. B. McNeil, for the recovery of an Oakland automobile. Judgment for the defendant, and the plaintiff appeals. Acts 1911, p. 115, controls in this case. The court erred in directing a verdict for the' defendant. 67 Ala. 139, 42 Am. Rep. 104; 67 Ala. 112; 169 Ala. 154, 53 South. 1014, 33 L.' R. A. (N. S.) 374; 171 Ala. 420, 55 South. 100. Section 3394, Code 1907, was not complied with, and hence the defendant was entitled to a directed verdict. 3 Ala. App. 634, 57 South. 122; 65 South.…
1Opinion of the CourtSamford, J.
The agreed statement of facts upon which this cause was tried in the court below is substantially as follows:
The plaintiff company sold to one E. A. McNeil the Oakland car in controversy at Columbus, Ga., and at the time of sale entered into what they term a “conditional sale agreement,” which for the purposes of this appeal we will term a retention title contract. This contract ■ was dated Columbus, Ga., October 6, 1919, stipulated, among other things, for the payment .G $225 on November 1, 1919, retained title- to the car in the seller, and further provided, should the buyer fail to keep…
2Cases cited5 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Warren v. LiddellSupreme Court of Alabama · 1895
- Haynie v. RobertsonSupreme Court of Alabama · 1877
- Pulaski Mule Co. v. Haley & KoonceSupreme Court of Alabama · 1914
- Dowdell v. Empire Furniture & Lumber Co.Supreme Court of Alabama · 1887
3Cited by6 opinions
- Gayle Motor Co. v. Gray-Acree Motor Co.Supreme Court of Alabama · 1921
- Gober Motor Co. v. Valley Securities Co.Alabama Court of Appeals · 1929
- Harris v. Leeth Nat. BankAlabama Court of Appeals · 1925
- McNeill v. Motor Sales Co.Supreme Court of Alabama · 1922
- Decatur Fertilizer Co. v. Decatur Motors, Inc.Alabama Court of Appeals · 1930
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