Grasselli Chemical Co. v. City Ice Co.
Supreme Court of Alabama
Appeal from Law and Equity Court, Mobile County; -Saffold Berney, Judge. Action by the Grasselli Chemical Company against the City Ice Company. From an adverse judgment, plaintiff appeals. Suit by appellant, the Grasselli Chemical Company, against appellee, the Oity Ice Company of Mobile, to recover the price of certain shipments of anhydrous and aqua ammonia sold by plaintiff to the defendant. The complaint contained only the common counts.
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Appeal from Law and Equity Court, Mobile County; -Saffold Berney, Judge. Action by the Grasselli Chemical Company against the City Ice Company. From an adverse judgment, plaintiff appeals. Suit by appellant, the Grasselli Chemical Company, against appellee, the Oity Ice Company of Mobile, to recover the price of certain shipments of anhydrous and aqua ammonia sold by plaintiff to the defendant. The complaint contained only the common counts. The defendant interposed several special pleas. Pleas 3 and 5 set up an implied warranty that the ammonia was suitable for use in the defendant’s ice…
1Opinion of the Court
GARDNER, J.-
The foregoing statement will suffice »as a general outline of the case, and a basis for an understanding of questions to be determined upon this appeal.
[1, 2] The first assignment of error insisted upon by counsel for appellant relates to the rulings of the court overruling the demurrer to pleas 3 and 5; it being urged that. the only implied warranty was that it was merchantable ammonia of the character purchased. Gachet v. Warren & Burch, 72 Ala. 288; McCaa v. Elam Drug Co., 114 Ala. 74, 21 South. 479, 62 Am. St. Rep. 88; Baer & Co. v. Mobile Cooperage Co., 159 Ala. 491, 49…
2Cases cited6 opinions
- Gachet v. WarrenSupreme Court of Alabama · 1882
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- McCaa v. Elam Drug Co.Supreme Court of Alabama · 1896
- Miller v. JohnsonSupreme Court of Alabama · 1914
- Holt Lumber Co. v. GivensSupreme Court of Alabama · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Centraal Stikstof Verkoopkanter, N. v. V. Walsh Stevedoring Company, Inc.Court of Appeals for the Fifth Circuit · 1967
- Van Antwerp-Aldridge Drug Co. v. SchwarzSupreme Court of Alabama · 1955
- Cochran v. KeetonSupreme Court of Alabama · 1971
- Cochran v. KeetonSupreme Court of Alabama · 1971