Roddam v. Brown
Supreme Court of Alabama
Appeal from Circuit Court,,. Jefferson County; John C. Pugh, Judge. Action by John II. Roddam against W. S. Brown and another From a judgment fpr defendants, plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. The action was on a promissory note and mortgage given for the sale price of a cow.
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Appeal from Circuit Court,,. Jefferson County; John C. Pugh, Judge. Action by John II. Roddam against W. S. Brown and another From a judgment fpr defendants, plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. The action was on a promissory note and mortgage given for the sale price of a cow. The following pleas were interposed: (4) Defendants aver that part of the consideration of the note sued on was the sale by plaintiff to defendants of a certain cow, among others, which certain cow plaintiff warranted as a part of consideration to defendants to be…
1Opinion of the Court
SAYRE," J.
[1-7] Plea 4 was a good plea of recoupment. It alleged plaintiff’s warranty that the cow, for the purchase price of which the note declared upon in plaintiff’s complaint had been given in part, was sound, that in fact she was unsound, and, in effect, that by reason of her unsoundness she had died and had been lost to defendants. On proof of this counterclaim' defendants were entitled to recoup in damages to the extent of the difference between the value of the cow in her unsound condition and what her value would have been had she been as warranted. Herring v. Skaggs, 62 Ala. 180,…
2Cases cited8 opinions
- Herring v. SkaggsSupreme Court of Alabama · 1878
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