Gould v. Cates Chair Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel D. Browne. Action by Oates Chair Company against A. L. Gould. From a judgment for plaintiff, defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel D. Browne. Action by Oates Chair Company against A. L. Gould. From a judgment for plaintiff, defendant appeals. The defendant interposed several pleas — the first being the general issue; the second, plea of tender of $83.42; the third, a plea of set-off for damages growing out of the breach of the contract between the parties in the sum of $48.67-; and the fourth was the plea of set-off for damages for breach of contract,- expressed in somewhat different terms, except as to the amount of damages, coupled with it an offer or tender of…
1Opinion of the CourtDenson, J.
There are many grounds in the assignment of errors, which, on account of undisputed facts in the case, it will not be necessary for us to consider. The plaintiff was a corporation in the state of North Carolina, doing business as á manufacturer and seller of chairs. It had in its employ one Smathers as a traveling salesman of its products. Smathers, in April, 1903, in the course of his employment as such salesman, took from the defendant, who was engaged in the furniture business in Mobile, Ala., an order for a bill of chairs amounting to $270. This order stipulated that the chairs were to be…
2Cases cited11 opinions
- Stensgaard v. SmithSupreme Court of Minnesota · 1890
- Finch v. MansfieldMassachusetts Supreme Judicial Court · 1867
- McKindly v. DunhamWisconsin Supreme Court · 1882
- German-American Insurance v. Commercial Fire Ins.Supreme Court of Alabama · 1891
- Simon & Son v. JohnsonSupreme Court of Alabama · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Halle v. BrooksSupreme Court of Alabama · 1923
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Somerall v. Citizens' BankSupreme Court of Alabama · 1924
- Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
- Consolidated Fuel Co. v. GunnSupreme Court of Oklahoma · 1923
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