Newel v. Port Huron Engine & Thresher Co.
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hou. William H. Thomas. Action by Newell & Allen against the Port Huron Engine & Thresher Company. Judgment for plaintiff, and plaintiff appeals. The action was on the common counts and upon counts setting up special contracts on what are called “commission certificates,” issued by the defendant to the plaintiff.
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Appeal from Montgomery City Court. Heard before Hou. William H. Thomas. Action by Newell & Allen against the Port Huron Engine & Thresher Company. Judgment for plaintiff, and plaintiff appeals. The action was on the common counts and upon counts setting up special contracts on what are called “commission certificates,” issued by the defendant to the plaintiff. The following are please referred to: “(5) For further answer to the plea as amended, and each count thereof, severally and separately, the defendant says and avers that it was not liable to the plaintiff in this cause, for that the…
1Opinion of the CourtWalker, P. J.
According to the averments of pleas 5, 6, 7, and 8. the claim of the plaintiffs arose out of an agency contract between them and the defendant, under which the plaintiffs, as agents, took orders for certain machinery from divers persons, which machinery was delivered by the defendant to the several purchasers, who gave their notes for all or the larger part of the purchase price, the defendant retaining title to the machinery until fully paid for; and “commission certificates” on account of such sales were issued by the defendant to the plaintiffs, each of which certificates recited that…
2Cases cited1 opinion
- Taylor Manufacturing Co. v. KeySupreme Court of Alabama · 1888