Taylor Manufacturing Co. v. Key
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by A. W. Key, against the appellant, a manufacturing corporation organized under the laws of Pennsylvania, to recover commissions on sales of machinery made by plaintiff as agent for defendant; and was commenced on the 8th December, 1886. The complaint contained the common counts, and several special counts.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by A. W. Key, against the appellant, a manufacturing corporation organized under the laws of Pennsylvania, to recover commissions on sales of machinery made by plaintiff as agent for defendant; and was commenced on the 8th December, 1886. The complaint contained the common counts, and several special counts. The defendant pleaded the general issue, payment, and set-off; and issue was joined on these pleas. The case was submitted to the decision of the court, without a jury; and the court…
1Opinion of the CourtClopton, J.
This case was tried by the City Court of Birmingham without the intervention of a jury; and under the statute, the judgment is reviewed without any presumptions in favor of the rulings of the court on the evidence. Appellee seeks to recover commissions, on sales of machinery and other articles of manufacture, made by him as agent of appellant, under three several contracts, one of which was made with Key & Baird, but the commissions accruing under this contract have been assigned to plaintiff. The contracts are substantially the same, except as to the rates of commissions, and as to these…
2Cited by3 opinions
- Barber-Greene Co. v. GouldSupreme Court of Alabama · 1926
- Navy Gas & Supply Co. v. SchoechSupreme Court of Colorado · 1940
- Newel v. Port Huron Engine & Thresher Co.Alabama Court of Appeals · 1911